“To avoid disputes in the future about who has which rights, all of this can be spelled out expressly in distributor agreements. And then there’s no possibility for a dispute about it down the road.” Howard Ullman
We begin by discussing how brand owners can create a clear line of distribution of their products. Brand owners on Amazon face the challenge of having multiple unauthorized resellers of their products. Howard advises that companies should have a formal program where they appoint official distributors and maintain control at all levels of distribution.
We go further and talk about pricing. As a brand owner, are you able to control the price at which your products sells at each distribution level? Howard opines that under US federal law, you are able to do this, under the Resale Price Maintenance law, but different states have different laws. Brand owners can still maintain control over the pricing of their products by using a map program that allows them to take control over advertised pricing.
Howard takes us through getting intellectual property protection for your brand and products. The three intellectual property registrations that you are likely to require when selling on Amazon are Trademarks, Patents, and Copyright.
- Creating a clear line of distribution for your products (6:09)
- Having a formal program where you appoint official distributors of your products (7:25)
- Controlling all levels of distribution up to the end consumer (13:06)
- Taking control over the pricing of your products through map program and advertised pricing (18:10)
- Getting Intellectual property protection for your products (24:11)
- Understanding the three intellectual property registrations. Trademark, Patent, and Copyright (39:06)
- A warranty policy supports your trademark and prevents people from reselling your product in an unauthorized manner (48:52)