Feb 4, 2025
How to Report Infringement on Amazon & Keep Your Brand Secure
Imagine this: you’ve worked hard to build your brand, and sales on Amazon took off. Then, out of nowhere, you discover an unauthorized seller has popped up on your product listings with a poor-quality version of your product. Not only are they hurting your sales, but they are also damaging your hard-earned reputation. You know you must take swift action to remove them, but what do you do for DMCA Takedown Google? The process seems overwhelming, and you don’t know where to start. You need to report this infringement to Amazon and remove this unauthorized seller from your listings as quickly as possible. This article will walk you through how to report violations on Amazon so you can successfully remove unauthorized sellers and counterfeit products from your listings to protect your brand reputation, maintain customer trust, and maximize sales.
One tool that can help you identify unauthorized sellers and counterfeit products is Bustem’s copycat detection tool. This software can pinpoint listings similar to your products so you can quickly remove them.
Table of Contents
What is Amazon Infringement & Why Should You Take Action?
Amazon infringement occurs when a third-party seller’s product listing infringes on another’s trademark, copyright, or patent. According to Amazon, third-party sellers make up 58% of Amazon sales. Additionally, the report states that third-party retailers are growing at a rate of 52% per year and account for more than half of the products or services sold on the platform. With over 300 million active user accounts reported, Amazon is the most popular and dynamic marketplace. This is why brand owners must protect their intellectual property on this robust platform.
The Importance of Consistent Enforcement to Protect Your IP on Amazon
It is common for trademark/copyright/patent owners to find their intellectual property, or something eerily similar to it, being sold on the Amazon site without proper licensing or permission. The rights associated with intellectual property are only as strong as their enforcement. Trademark rights lose their teeth when not enforced consistently. It is common for brand owners to lose copyright and trademark rights due to non-use or allowing unchecked infringement. Although a copyright holder won’t lose the rights associated with the registration through lack of enforcement, the statute of limitations for bringing up an infringement claim is three years. Similarly, an owner can lose rights associated with a registered patent through public sale or lack of enforcement actions.
Identify the Type of Infringement
Trademark Infringement on Amazon Trademark infringement issues arise when a third-party retailer is selling a product or service with branding that is the same or similar enough to an established trademark to cause a likelihood of confusion that the trademark holder authorized the sale. Here, a third party using branding that is the same or similar to a registered trademark may lead to a violation of US Trademark Law. Before launching a product or service, all eligible brand owners should conduct a trademark search and clearance for the name, logo, design, and everything else that is a source indicator.
How to Safeguard Your Intellectual Property on Amazon: Trademarks, Patents & Copyrights
Implementing a comprehensive brand development strategy can help sellers avoid trademark infringement issues. A registered trademark comes with rights to exclusivity and responsibility as the trademark holder to report trademark infringements as they occur.
Patent Infringement on Amazon
Patent infringement occurs when a party produces or sells a patented product without the owner’s permission. An inventor should follow specific guidelines before and after registering the innovative system or process to prevent the rights from being compromised. There will be times when competitors and copycats attempt to produce a replica of a successful product. Still, a patent owner must ensure no patent infringement occurs while developing these competing inventions. Often, ordering competing products is a common strategy for inventors to see if any infringement can be revealed.
Copyright Infringement on Amazon
A Copyright infringement claim is common in scenarios where any original creation is sold without the authority of the author or owner. A copyright violation occurs when a copyright owner’s exclusive distribution, production, or public display rights have been violated. Copyrighted images often appear on web platforms like Amazon without the copyright owner’s authority. An update to the Digital Millennium Copyright Act (DMCA) has also provided a streamlined process for artists to remove original content from these platforms. For example, a book, photograph, painting, or music sold without proper authority from the copyright owner could be considered copyright infringement.
Common Amazon Infringement Tactics: How Bad Actors Violate IP Rights
Bad actors on Amazon often violate copyright, trademark, and patent holders’ rights by:
Selling counterfeit versions of branded goods, especially in popular categories such as electronics, health and beauty, luxury fashion, and children’s toys
Using a competitor’s business name in their product page title where the business name is a registered trademark
Copying aesthetic or functional product designs in a way that violates patents or copyrights
Reproducing popular authorships for sale, e.g., counterfeit software, games, and books
Hijacking an Amazon product listing and selling inauthentic products under it
Using copyrighted product descriptions and images without permission
Copying product listings by way of Amazon ASIN piggybacking
Copying product packaging
Why Reporting Amazon Violations Protects Your Business
You must report all IP violations on Amazon for the following reasons:
It preserves customer goodwill: Reporting IP infringers protects your Amazon business from counterfeiters selling low-quality products that can harm your Amazon store’s image in customers’ eyes. Some customers may think the low-quality products came from you.
It deters other bad actors: Reporting IP violations deter counterfeiters from targeting your products. If you don’t address violations, other infringers on Amazon may see it as an incentive to take advantage of my IP.
It protects your bottom line: Reporting violations protects authentic businesses from infringers who hijack sales. Low-priced counterfeits can significantly reduce the revenues and profits of genuine sellers.
It helps you maintain a competitive advantage: Developing IP costs money and time. Reporting IP violations ensures competitors don’t breach my competitive advantage unfairly.
Helps manage growth: Reporting parallel importers can protect your business from unofficial distributors. If you plan to expand to Amazon Europe countries or other markets, nipping parallel importers in the bud is crucial.
When you report a violation on Amazon, you are protecting your IP rights and your business’s sustainability and competitiveness.
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How to Report Infringement on Amazon
If you suspect that someone is stealing your intellectual property (IP) on Amazon, the first step is to file an infringement report with Amazon. Amazon has a strict policy against IP infringement and takes violations seriously. The sooner you act to report a suspected violation, the better.
Gather Necessary Information Before Filing a Claim on Amazon
IP infringement claims must begin with a thorough review of the infringement complaint and basics regarding enforcement actions. There must be a good faith belief that an intellectual property infringement has occurred. A clear and concise method should be followed to report a violation on Amazon.
How to Gather Evidence for Trademark Infringement on Amazon
An evidence-gathering process must be implemented. For example, a brand owner identifying a similar brand name or logo must gather evidence of the trademark violation on Amazon. This will include screenshots of the products or services the Amazon seller offers that violate the claimant’s trademark rights as outlined by the Lanham Act. Usually, product listings and product details are an excellent place to start the evidence-gathering process.
Clearing Intellectual Property Claims: Trademark, Copyright, and Patent Checks
For a copyright claim, the attorney and author/owner must review that the claimant owns the creation and that the subject matter is protected under federal copyright law. Similarly, for trademark infringement claims, the attorney and the claimant must conduct a clearance process that includes reviewing the ownership and strength of the claimant’s trademark. Before filing a Patent infringement notice, a similar clearance process must be conducted to check that the alleged infringement is actionable.
File Your Claim and Wait for a Response from Amazon’s Infringement Agent
To report an infringement, Amazon provides access to a form that can be filed on the platform and is easily accessible. The claimant must provide specific details regarding the ownership of the intellectual property. The claimant must describe the particular type of infringement that has occurred. The IP owner or owner’s agent, preferably an intellectual property lawyer, should complete this form. Be wary of a counter notice when filing a claim on web platforms like Amazon, as the seller account might have a fair use or another argument regarding how the sale was authorized and legal.
Send a Formal Cease and Desist Letter to Seller
Intellectual property protection doesn’t stop at filing an Amazon infringement claim. Enforcement of the owner’s IP rights can extend to an adequately drafted cease-and-desist letter. And if all else fails, a copyright holder, brand owner, or patent owner might need to consult an intellectual property attorney about taking the matter to federal court for a resolution.
Strategies to Handle Amazon IP Complaints
If you are on the receiving end of an Amazon IP complaint, you need not panic. Below are some valuable strategies to navigate the process to arrive at a favorable resolution and avoid an Amazon suspension:
Do not be avoidant: Amazon wants to ensure you understand why you got the complaint. Be upfront in your communications, and don’t play dumb.
Communicate lack of malice: If the violation was due to an innocent oversight, you want to communicate the lack of malice.
Remove infringing inventory: Act fast and remove infringing inventory from Amazon’s warehouses. Ensure the removal orders are executed in the Amazon FBA Removal Report.
Propose an arbitration with the complainant: To avoid an escalation, you may propose an arbitration process with the complainant.
If the complaint is in error and you unquestionably own the IP rights for which you got a complaint, you should contest the complaint and provide documentation proving your ownership. You can go to court and get a court order proving non-infringement.
How to Mediate Disputes Through Amazon Report Violation Channels
Mediation and arbitration are part and parcel of resolving disputes on Amazon. Of course, if the conflicts are with Amazon itself, many sellers do not have an alternative to Amazon arbitration because they signed the Amazon Services Business Solutions Agreement (BSA). Against fellow sellers, you do have options other than mediation and arbitration. However, it is still a good idea to consider mediation to hasten the resolution process and find a solution that works for both parties.
Navigating IP Disputes on Amazon: Mediation and Resolution Process
Amazon’s channels for reporting violations are the Report Infringement Form and the Report a Violation (RAV) tool in the Amazon Brand Registry.
You can reach a mediated agreement by doing the following:
Submit a request for mediation: Amazon channels for reporting violations aren’t designed for mediation. If you are the infringing party, you can file a counter-notice and propose a mediation when an Amazon staff member responds. Make concessions for a neutral mediator: If you’re the infringer, you want to let Amazon and the aggrieved party choose a mediator they believe would be neutral.
Meet an attorney before the mediation process: Consider talking to an attorney before the mediation process to understand your IP rights and the number of concessions you should legitimately make during mediation.
State your case, but be flexible: You want to state your case but be adaptable to a mediated agreement that works for the aggrieved party. Furnish Amazon with the agreement:
Let Amazon know if you reach a deal. Implement the terms of the agreement and request Amazon withdraw the notice of infringement (if you are the infringing party). How the mediation plays out will mostly depend on the aggrieved party. You must remain patient and flexible throughout the whole mediation process.
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Find and Take Down Copycats with One-click Today
Content theft can wreak havoc on your e-commerce business. When competitors use your product images, copy your ad content, or steal your web copy, it can confuse customers and damage your SEO rankings. Bustem helps you fight content thieves and regain control of your online store. Our robust copycat detection and removal tool scans billions of websites to identify unauthorized use of your store's content. Once we spot copycats, we streamline the entire takedown process with pre-filled DMCA forms and comprehensive case management. With Bustem, you can protect your brand assets and focus on growing your business.
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