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Preventative Measures to Avoid Infringement Complaints

Preventative Measures to Avoid Infringement Complaints

Authorization Letters It is often difficult to deal with wholesale suppliers or brands, especially if they are sizable enterprises, but one method to avoid suspension for intellectual property infringement is to obtain a letter of authorization from the brand and, if not the brand, from the brand’s authorized wholesale distributor, who should identify itself as such. Amazon will often ask for such a letter in the event of an infringement complaint. Proper Invoices Amazon will always ask for invoices in the case of intellectual property infringement complaints, and they have specific requirements for those invoices. These requirements include they must be within 365 days, they must show the name and address of the buyer (Amazon seller) and the name, address, telephone number, email, and website address of the seller (your supplier). Amazon will contact the supplier to verify the invoice so, whatever you do, do not alter them in any way. The invoice should also reference the brand and name of the product. Alternative Retail Site Having an e-commerce website or a Shopify site, as well as eBay and Walmart seller accounts will allow you to stay in business in the event of a suspension or deactivation, which could take months to resolve. File Proactive Appeals A proactive appeal should be filed on any policy warning or listing removal, especially with regard to intellectual property or inauthentic product listing removals. This shows Amazon you are serious about complying with their policies. We here at Amazon Sellers Attorney provide such a service on a monthly basis. For $500 per month, you get free unlimited appeals. Our clients rave about this service, because $6,000 a year is a lot less expensive than paying thousands to appeal a suspension and losing tens or hundreds of thousands of dollars in lost revenue. Copyright Infringement Prevention Make sure the images you use on your product packaging and detail pages are original or licensed by you from the creator of the image or a reliable stock photo service. Also perform general searches on any products with a particular design to ascertain if anyone claims copyright on them, including checking with the US Copyright Office for registration. Patent Infringement Prevention Many suppliers, especially from unverified sources such as Alibaba, sell knock off or counterfeit products. Make sure you are dealing with a reliable supplier and go the extra mile of checking for a registered patent on the USPTO or a service such as Google Patents. Check designs for potential design patent infringement. Trademark Infringement Prevention The First Sale Doctrine provides that those who resell genuine trademarked products are not liable for trademark infringement. However, many aggressive brands will file infringement complaints and this defense is not going to prevent suspension. Check the brand name of every listing you plan to join with the USPTO before you list the product. And remember, even if Amazon “invites” you to join a particular listing, that does not mean you may do so with impunity. Always check first. Trade dress or logos can also be trademarked, as well as fabric patterns. A search service such as Trademarkia.com can help you search for designs that may have trademark protection.


Younglanes Amazon Appeal Services

(317) 728-6789

Website: www.younglanesappealservices.com

Email: amazon@younglanesappealservices.com

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