Gather your purchase records showing the item was sourced from an authorized reseller and request the specifics of the infringement claim from Amazon or the rights owner before responding. An attorney can help evaluate whether the claim has a legitimate basis under California and federal trademark law.

Manipulating a listing to manufacture a basis for infringement complaints against third-party sellers can raise legal issues under unfair competition and related legal theories, and both the agency and the brand may face exposure depending on the facts. This is a general information point, not a case-specific legal conclusion.

In many instances, the agency's primary goal is securing an agreement that the seller will not list against a particular ASIN again, so these matters can sometimes be resolved through direct communication once the seller's position is clearly documented. Outcomes vary by case, and there is no guarantee of a particular result.

Brand Protection gone wild, LA Law Group

If you receive an Amazon trademark infringement notice that seems inconsistent with how you sourced or listed a product, it may stem from a brand protection agency manipulating a listing rather than a legitimate violation, and you should have the claim reviewed before assuming you did anything wrong.

We were recently contacted by a client who received a “trademark infringement on Amazon. Our client was stunned, indicating that they had purchased the items from a authorized reseller, and did not understand what and why there was such a violation initiated.

There are a lot of companies taking on brand protection responsibilities, and handling these matters irresponsibly. In the particular case at hand, the brand protection agency had made revisions to the Amazon listing to “bundle” the item with an item of their own branding, thereby making it their listing which they can claim a trademark to on their product/brand. They then utilize this to file infringement complaints on Amazon against third party sellers and to get the sellers off of their desired listing. When practiced effectively and targeting high velocity ASIN’s, this can make it lucrative for the seller, and as a byproduct lucrative for the brand protection agency.

This is not only unethical, it is inherently wrong. This is actionable under several theories of law where both the brand enforcement agencies as well as the trademark owner can face serious consequences. When addressing these enforcement agencies, resolution is often quickly achievable so long as they obtain their target which is an agreement to refrain from listing against the existing ASIN again.

If you or someone you know has had an issue with a brand protection agency wrongfully claiming an infringement on Amazon, contact us as we will be happy to help. Our consultations are always free, as we want all our clients, and in turn our Amazon sellers to successfully stay on Amazon.

Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

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