There are many sales platforms out there. Amazon is one of them – but one with immense market power. According to E-commerce Magazine, almost every German (96%) has purchased something from the Amazon marketplace at least one time. 44 million Germans are regular customers and 17 million pay for the Prime service. This reach not only makes Amazon attractive to reputable sellers, however, but also tempts others to imitate products and offer them for sale as well.
What does this mean for you as an Amazon seller? What is the best way to proceed if you suspect that someone has imitated your product and may be infringing your design or trademark (see I.)? And what should you do if your product is blocked by a third party without justification (see II.)? A guide:
I. How to proceed if your own property rights are infringed by a third party
1. Make direct contact: friendliness pays off
If possible, first contact the seller concerned yourself. A friendly discussion can not only mean a straightforward resolution of the problem but can also have a reciprocal effect: if you ever have an issue with the same seller, there is a greater chance of them contacting you directly. By sending a clear but polite message, you create trust and show that you are interested in a fair resolution of the problem.
2. When no dialog is possible: make a test purchase and preserve the evidence
If you are unable to contact the seller or contact is unsuccessful (e.g. hard-to-reach sellers or those with cryptic email addresses), it is a good idea to place a test order (e.g. via Prime to start the process with Amazon promptly; for more information, see below). Such an order serves as evidence and can be useful in subsequent appeal proceedings. The following steps are key:
- Document the order: make a note of the order number and take screenshots during the order process.
- Create unpacking photos or videos: document the product as you remove it from the packaging to prove that the delivered product corresponds to your original design.
3. Submit infringement form to Amazon
If you have no success making friendly contact, you can use the “Amazon Infringement” form, which will guide you through the process step by step. Alternatively, we as a law firm can submit this on your behalf. Upload all evidence – such as photos and videos of the test purchase – to a cloud such as Dropbox and put the link to this in the free text field of the form. Such evidence increases the chances that the competitor’s listing will be blocked promptly. In some cases, the listing will be deactivated after just a few hours. This has consequences for the seller concerned: repeat offences can lead to permanent blocking of their account.
4. Involve an attorney-at-law/legal action
Obtain legal advice in good time. An attorney-at-law will first advise you to issue a warning to the seller concerned. Only then should you consider taking legal action if necessary. This may include applying for a preliminary injunction.
5. Proactive protective measures for your designs and trademarks
To protect your products, you should register the relevant intellectual property rights (e.g. designs or trademarks) with the relevant office before releasing them. This will ensure that you are registered as the legal owner. With a registered trademark or a registered design, you and you alone may use the property right and prohibit others from using it. You can easily prove to Amazon that you are the owner once the property right has been entered in the register. You should also bear in mind that there is a 12-month grace period for designs, which means your design can even be protected retroactively if you have already released it.
II. How to proceed if your own products are unlawfully blocked by a third party
1. Make direct contact: friendliness pays off
Here too, the first step is to contact the seller yourself if possible. Remain polite and stick to the facts. In some cases, this will lead to a straightforward, fair resolution of the problem and can save you further trouble.
2. Involve the Amazon legal department
If your own listing is blocked without justification, you often have no choice but to contact the Amazon legal department. In this case, you can contact both the German and the European legal department. Sometimes, direct contact with the person who made the complaint can also help to resolve the problem without legal action.
3. Involve an attorney-at-law/legal actionImportant: if the case is not resolved, you can apply for a preliminary injunction. Although this method costs money, it can make economic sense for high-selling listings.
Summary
Protecting your products on Amazon is a challenge that you can master successfully by taking the right action. Direct dialog, careful preservation of evidence, and a well-thought-out protection strategy are the basis for effectively combating unauthorized copying and effectively protecting your products.
Picture credits: Krakenimages.com_AdobeStock.com
