What Sellers Need to Know About Amazon Trademark Infringement

Trademark violation suspensions can be majorly disruptive to your business, shutting down product pages and spiraling into account level action if left unresolved. This guide breaks down the essentials of handling trademark cases for Amazon sellers, using real case data to explain proven strategy from Amazon lawyers.

What is Amazon’s Trademark Infringement Policy?

Trademark violations are claims that your product is violating a brand’s protected terminology, especially those related to naming and branding. Amazon takes these cases very seriously as failure to act can lead to legal action against them from brand owners. For this reason, products are suspended when they receive a complaint, not after an investigation has been completed.

Understanding of trademark cases relates heavily to how intellectual property (IP) law functions on Amazon. Brands have a suite of tools for reporting and controlling potential violations. Amazon is also quick to side with complainants to avoid their own legal issues, putting the burden of proof on you the seller.

Trademark cases can have overlap with areas of counterfeit goods violations on Amazon. If a brand believes that you are selling goods with their trademark, they may file a complaint with Amazon that takes down your products.

How to Plan Appeals for Amazon Trademark Violations

Appealing trademark suspensions on Amazon is typically done through creating a Plan of Action (POA) and submitting it on your account portal. POAs consist of three main parts, a root cause analysis that examines what you believe caused the report, immediate corrective actions to resolve problems, and detailing the preventative measures you are taking to ensure this does not happen again.

Completing a root cause analysis does not mean you are admitting guilt or that you have violated trademark law, rather, you are identifying the area that created the problem and fixing it. Even if you have documentation that shows you are in the right, Amazon wants to see that you can recognize how the problem arose. If POAs are not enough to reinstate your products, escalated actions with Amazon can assist in restoring your account.

What Documentation Supports Amazon Trademark Violation Appeals

• Supply chain documentation for cases involving claims that products are illegally being sold.
• Documentation of how you created logos and branding.
• If you make any changes to your storefront, document them before and after.

Cases from Amazon Trademark Attorneys

Amazon Sellers Lawyer has resolved hundreds of trademark and intellectual property cases. The most frequent causes for trademark suspension we see relate to alleged violations of text usage on a product or a product’s storefront. This was the case when we were recently contacted by a client who was accused of selling products with another brand’s protected trademark on them.

We helped the seller prepare a detailed POA that included documentation for their entire supply chain (showing product authenticity) and evidence that there was no trademark misuse. Strong evidence helped us resolve the trademark complaint swiftly and without concessions.

This case shows the importance of understanding what documentation Amazon wants to see to secure product reinstatement. Working with our client, we analyzed exactly what the alleged issue was and addressed it in the plan of action, afterwards working to help prevent further escalation.

Common Questions for Amazon Trademark Violations

How long does it take to appeal a trademark suspension on Amazon?

A: Timelines differ from case to case. We recommend starting the process of resolving trademark complaints as soon as possible for the quickest resolution. Reaching out to representation can help give a better idea of when your case is expected to be resolved.

Can trademark suspensions on Amazon turn into lawsuits?

If you are found to be repeatedly in violation of another brand’s trademark, they may seek legal action against you. This is particularly true if you are selling products that feature the brand’s trademark, even if legally obtained.

How do you avoid trademark infringement on Amazon?

The best way to avoid trademark infringement is keeping strong documentation of how you source all of your products, supply chain documentation, and documentation for the content that you use on your storefront. Keeping this documentation allows you to prepare swift responses if trademark complaints do arise.

How long can Amazon suspend you for trademark violations?

A: Trademark violation suspensions typically start at the product level and can escalate to account-wide, indefinite suspensions if not properly handled.

Next Steps for Suspended Amazon Sellers

If you are currently facing a product or account suspension on Amazon, your next steps are crucial to securing reinstatement. Whether you have already drafted a POA or are confused on where to start, reach out to Amazon Sellers Lawyer today! Fill out our online form here or call us at 212-256-1109 to get started.

About the Author

CJ Rosenbaum, Esq.

CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on Amazon sellers – issues like suspensions, intellectual property disputes, and love inventory.

CJ has written six books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.

Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.

Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.