Saturday, February 6, 2016

Trademark - Infringement on Amazon

     What do you do when a third-party uses your client's trademark to sell goods on Amazon?

     You should report the infringement using Amazon's report infringement page.  Using this page, you can report infringement related to copyrights, trademarks, design rights, and other rights.

     When you file your report, you will want to present a strong case of infringement to make Amazon's determination simple. 

      You should list all worldwide registrations and assert any common law trademark rights.  Additionally, if true, you should state that the use of your client's trademark is unauthorized and that your client believes that the seller is confusing customers as to the origin of the infringing goods.

     After you submit your report, it will take Amazon some time to respond.  In our case, it took Amazon over six weeks to respond to our trademark infringement report.  However, Amazon response was that the goods bearing the infringing mark would be removed within three days, and they were.   Additionally, in the removal confirmation email, Amazon provided us with the identity of the distributor.

- Henry Park

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