“Trademarks whether it’s on Amazon, eBay or any place else is really just a mark that you create that you register with the United States Patent and Trademark Office that indicates what a consumer can expect if they buy that product.” CJ Rosenbaum

In this episode, I am joined by IP attorney CJ Rosenbaum as we discuss what a typical copyright, trademark or patent infringement is. We also talk about how to file an infringement and ways to work with sellers and companies that violate your intellectual property to maintain your account and reputation in good standing with Amazon.

In addition, we delve into what not to do in certain scenarios and how you can work to amicably resolve most issues before engaging in litigation.

Besides discussing trademark infringement and trademark registration, we touch upon what a trademark is, when it comes to Amazon.

You can get brand registry, which is really content control. It’s just controlling the listing.

How to protect yourself if someone else gets their hands on a pallet full of your product or a truckload of your product and you just can’t seem to close up your distribution holes?

There are ways to protect it other than trademark. And we get into how brands can protect their listings when hijackers are actually selling the real deal.

We get into the subject of determining the type of infringement, and strategies for communication to deal with an infringement.

Key Takeaways

  • Determining the type of infringement (6:49)
  • What’s a trademark? (7:36)
  • What does trademark registration look like for an Amazon seller? (8:22)
  • Word mark versus a logo or design mark (9:06)
  • Benefits of having a registered trademark (9:54)
  • What does trademark infringement on Amazon look like? (12:39)
  • Try and resolve it amicably first… (14:52)
  • Trade dress and trade dress infringement (15:14)
  • Copyright infringement – the common types seen on Amazon listings (18:34)
  • What does patent infringement look like? (23:24)
  • Listing abuse (28:16)
  • Distribution enforcement (30:44)
  • First sale doctrine (34:20)
  • The warranty aspect on Amazon (38:17)
  • Amazon selling your products (47:47)
  • Strategies for communication (52:24)

Episode Links