Amazon Sellers’ Guide to Trademark Law
By: CJ Rosenbaum Esq., Anthony Famularo Esq., Christopher Abiuso, and Benjamin Lobley
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Amazon Sellers’ Guide to Trademark Law
It’s crucial to register your trademark to protect your product/s from being infringed upon.
Without registering the trademark, your ability to enforce your intellectual property rights is limited to your geographic area.
In contrast, if you register with the USPTO, your trademark will be extended to the entirety of the US.
This book focuses on informing sellers about protecting their brand and the steps that can be taken to prohibit infringers.
There are two main goals of this book: Educate online sellers about trademark law and how it affects them, and to teach online sellers how to protect their trademarks from infringement or avoid infringing on others.
All donations go to the Ty Louis Campbell Foundation
Amazon has a program called AmazonSmile. You sign on through AmazonSmile then it allows you to pick a charity. Once you pick a charity, it doesn’t cost you, the buyer, anything. It doesn’t cost the seller anything. Amazon then kicks back a small portion of the sale to the charity you pick.
Our charity is the Ty Louis Campbell Foundation. It was founded by a close friend of mine named Lou Campbell and his incredible wife, Cindy. When they lost their son Ty, they turned tragedy into triumph and their pain into productivity as they created this foundation. If you’re shopping on Amazon, use AmazonSmile and I would ask you to pick the Ty Louis Campbell Foundation.
Amazon will donate money to the foundation to help find better treatments and, God willing, a cure to pediatric cancer. By doing this, I’m helping to raise money, you’re helping to raise money, and together we are helping to make this world a better place.
The Ty Louis Campbell Foundation is a nonprofit organization that funds innovative research and clinical trials specifically geared toward the treatment of the most aggressive childhood cancers with a strong focus on brain tumors.
Their mission is to help fund the intelligence and technology that will improve long-term survival rates and minimize side-effects for children diagnosed with the deadliest cancers, while helping to care for families when their child is in treatment by providing financial assistance and uplifting experiences. (EIN: 45-1858390)
We wrote the books on doing business on Amazon and maintain the #1 site for Amazon sellers.
We can assist you in discovering the issues within your Amazon seller account that caused a suspension. We provide a detailed analysis of your account, identify the underlying issues, and figure out how to address each of them before we complete your Plan of Action and get your account reinstated.
Rosenbaum, Famularo & Segall, PC focuses on 3 major areas for Amazon sellers:
- Suspensions: Plans of Action for non-legal suspensions and obtaining withdrawals of intellectual property right complaints.
- Arbitration against Amazon: when Amazon refuses to reinstate accounts or seizes money/goods belonging to Amazon sellers.
- Brand Protection: for private label sellers on all ecommerce platforms.
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Amazon Sellers’ Guide to Trademark Law
Purpose of this book ……….. iv
Firm Profile ……….. iv
Author Profile ……….. vii
Legal Disclaimer ……….. xi
Chapter 1: When Should a Trademark Be Pursued, and When Is it Best to Walk Away? ……….. 1
I. What Is a Trademark? ……….. 1
II. Geographic Zones ……….. 7
Chapter 2: The Filing Process ……….. 13
I. Introduction ……….. 13
II. Specimen and Declaration of Use ……….. 14
III. Examination ……….. 17
V. Continued Use ……….. 20
VI. Intent to Use ……….. 22
VII. Madrid Protocol ……….. 24
Chapter 3: How to Design a Trademark ……….. 29
I. Introduction ……….. 29
II. Distinctiveness ……….. 30
III. Acquiring Secondary Meaning ……….. 39
IV. Genericide ……….. 42
Chapter 4: Trade Dress ……….. 46
I. Introduction ……….. 46
II. Protectability ……….. 47
III. Trade Dress Categories ……….. 51
IV. Trade Dress Enforcement under the Lanham Act ……….. 54
Chapter 5: Likelihood of Confusion ……….. 58
I. Introduction ……….. 58
II. Confusion Among Consumers ……….. 62
Chapter 6: Fair Use of Another’s Trademark ……….. 70
I. Introduction ……….. 70
II. Classic Fair Use ……….. 71
III. Nominative Fair Use ……….. 74
IV. Classic and Nominative Fair Use ……….. 78
Chapter 7: Negative Associations ……….. 82
I. Introduction ……….. 82
II. Assignments in Gross ……….. 83
III. Dilution ……….. 87
A. Tarnishment ……….. 90
B. Blurring ……….. 92
Chapter 8: Protecting Trademarks Online ……….. 96
I. Introduction ……….. 96
II. Vigilance and Policing of your mark ……….. 96
III. The Legal Process ……….. 100
IV. Outcomes ……….. 101
V. Conclusion ……….. 108