08 Aug How to Protect Your Brand and Copyright on Amazon
If you are going to start selling on amazon, you must know and be able to guarantee the intellectual property of your brand or work. Plagiarism on the Internet is the order of the day, so you will need to be protected against the fear of having your entire work stolen or modified. Is your Brand protected from copyright infringement on Amazon or unauthorized use?
Amazon Brand Registration allows eligible brand owners to take specific preventive measures to protect their intellectual property and avoid discrediting their brand, this is very important especially in campaigns such as Amazon Black Friday or Cyber Monday controlling corrupt sellers with the aim of tarnishing the credibility of their brand and product.
If you have a trademark of your own and are eligible to register, you should do so as soon as possible as registration gives you an extra level of authority over product listings that include the brand name.
How to Claim Amazon Copyright or Trademark Infringement?
If you truly believe that you are being or have been affected by copyright infringement, you must follow the procedure set out by Amazon where you found the infringement. Amazon will ask you to submit the infringement claim through its
To access the form and report violations, you must log in to amazon.
If you own a trademarked intellectual property, you must verify its eligibility to enroll it in Amazon’s trademark registry. If it is an eligible brand, then you should register it as soon as possible to prevent plagiarism or unauthorized use of your brand and control fraudulent sellers with the goal of tarnishing your brand’s credibility. Amazon’s registry provides access to proprietary text and image searches, with predictive automation based on first-party reports of alleged intellectual property rights violations, and with greater authority over product listings that include the brand.
If you are enrolled in the trademark registry, you must use the “Report a Violation” tool within Amazon, where
You will find the form you will need to fill out to report patents and other intellectual property claims. If you prefer to ship to
Amazon in a written report, you’ll need to provide them with the following information:
- An electronic or physical signature of the trademark representative or person authorized to act on behalf of the copyright owner.
- A description of the copyrighted, trademarked, or patented work that you claim has been infringed.
- You will need to submit a description detailing where the infringement is located on the website
proving that a violation occurs in the product, the physical packaging or packaging of the product, the image design on the product detail page, the text on the product detail page, etc.
- A list of the products that have been infringed, either the ASIN of each product or the URL to display the product detail page
specific. If you believe that only a subset of sellers are infringing, and you are not charging the entire detail page, then you should click the “check” box next to the name of each seller you are reporting infringement for on the infringement form or in the “Report a Violation” tool found in the Brand Registry.
- You’ll also need to provide your phone number, address, and email address.
- Any additional information that may help Amazon process your claim.
- You will need to provide a statement from yourself that you have a “good faith belief” that the use of your trademark or intellectual property
is not authorized by the copyright owner, its agent, or the law.
- You must add a statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You must then send the notice to Amazon’s Copyright Agent via email or directly from the platform where you are making the claim.
Considerations When Making a Copyright Claim on Amazon
Regarding amazon’s product detail page ownership and image restrictions, there are some cases where amazon does not impose violations because when a detail page is created, it becomes a permanent page on amazon that remains even if the seller’s inventory runs out.
In addition, when you add your copyrighted image to a product detail page, you grant Amazon and its affiliates a non-exclusive, unrestricted right to exercise all publicity rights to the material.
Other sellers may list their items for sale on pages where they have made or added copyrighted images. However, Amazon requires sellers to only include detail pages that exactly match their items.
If you believe that sellers are listing items that don’t exactly match their products, you can report the violation directly to Amazon using the form above. If your copyrighted image has been added to the Amazon catalog without your consent, you must also notify Amazon.
In addition, Amazon does not take action with respect to intellectual property notices relating to trademarks, designs, or patents from countries other than the country for which removal is requested. For example, if you have a registered trademark in Spain and you ask Amazon to remove an ASIN from Amazon in France, Amazon will likely reject your notice.
What happens after I file a claim with Amazon?
Once you submit the form or use the tool to report an Amazon intellectual property infringement in Brand Registry, you will receive a confirmation message that your case is being reviewed. They will send you a follow-up message once your claim has been processed. If your notification is valid, Amazon will inform the responsible sellers about your complaint and share your contact information with them if they have any questions.
If your request is accepted, Amazon will remove the content and take action against those sellers, with specific actions that will be confidential. If your claim is rejected, Amazon will not remove the reported content and will not take any action against the seller.
Because these processes are extremely sensitive, sending inaccurate or false notices may lead to the removal of your access to send infringement notices. You should consult an attorney for help and ensure that your Amazon business has the proper procedures in place to prevent the breach.
Who can help me protect my brand on Amazon?
At Nozama Solutions we take care of your brand and the image of your company and we prosecute all the infringements that may be committed against your brand. We carry out all the necessary procedures so that your brand is protected at all times within Amazon. Entrust the management of your Amazon account to the most important Amazon Account Management Platform in the world.