Do you really understand Amazon sellers about infringement?
Every year, Amazon will clean up a large number of shops that operate in violation of regulations. The most common one is infringement. Both new and old sellers will be shot. Often a product is put on the shelf without a thorough check for infringement. In fact, there are some risks.
Type of infringement
Trademark infringement
If the trademark or LOGO of the other party is used without the official authorization of the product brand, there is a risk of trademark infringement.
Patent infringement
(1) Invention patent infringement: If the structure, process and other methods of the product are the same as others’ invention patents, and the seller produces and sells without the permission of the patentee, the risk of infringement is high.
(2) Appearance patent infringement: Compared with invention patent infringement, appearance patent infringement is a more common type of infringement that is easier to be detected. For example, some products have similar designs or packaging, and there may be a risk of infringement.
Copyright infringement
Generally refers to the infringement of copyright, and is generally related to products such as the surrounding film and television works. Note: Pirated images are a common copyright infringement.
Whether it is a brand or a patent, there is a review time, and it is not possible to complain within the official effective time; in addition, patents are divided into invention patents and appearance patents. The application time for invention patents will be relatively long, so basically don’t worry about it. Now, all the products should be earned. Brands are subject to category restrictions. If the brand is a registered pet product, if the other party is an outdoor product, then there is no complaint.
Possible consequences of infringement
1. The right holder complains to the platform, ranging from taking the listing off the shelf, or directly closing the store and freezing the funds.
In fact, whether it is light or heavy, once the infringement is sued, a large amount of inventory will be overstocked, and the goods will “rotten” in the warehouse, causing heavy losses. In addition, the store may also have a record of infringement, which affects the weight and makes years of painstaking management to waste.
2. The risk of being sued for infringement, the court issued TRO to freeze funds or pay high compensation to the brand.
In addition, there are reports that the seller was fined $45,000 for copyright infringement. According to feedback from individual infringing sellers, the pictures were moved on a certain treasure. A picture has to pay such a high price. It can be seen that once it is sued for infringement, money loss is the most direct price.
What if there is an infringement?
1. Delete all infringing goods
All infringing items were removed from the store. These infringing products will not continue to be sold in stores. It is necessary to strictly investigate and deal with the types of stores and strictly control them. Make sure that there are no infringing products in the store.
2. Strictly select suppliers
Look for suppliers with high reputation and high evaluation. To ensure that the supplier is legal and complete, and to ensure the quality of the goods provided. Ensure that the product meets the requirements
3. Please ask for samples from the supplier before selling
Check carefully (such as color, quality, image, etc.) to ensure that the product quality and related logo images are legal, whether they contain trademark information or infringe on portrait rights;
4. Follow the graphics of Listing
Listing graphics and texts are in the worst-hit areas of infringement. Make sure that the contents in the Listing are original or have obtained the permission of the intellectual property rights party. Do not add non-original logos to the product images at will, and do not fill in the non-ownership in the listing text. The brand name of the brand.
If you receive a small red flag of infringement on the platform, the suggestions are as follows:
1. Obtain the infringing product information and the specific trademark patent or copyright of the complainant through the platform notification, and analyze whether the product is really infringing.
2. If the analysis by a professional agent or lawyer does not constitute an infringement, you can appeal or ask a lawyer to intervene; if the infringement is indeed infringed, the infringing product should be removed quickly.
3. If the store’s sales right is suspended, it can be restored by appealing according to the rules of the platform; even if the appeal is unsuccessful, you can contact the right holder to withdraw the complaint or hire a lawyer to intervene in the negotiation.
If you are sued by a law firm for infringement, the suggestions are as follows:
1. Obtain information about infringing products and cases through platform notifications or lawyers’ emails.
2. Send platform notices or emails to lawyers for evaluation, and evaluate whether there is infringement, whether there is a defense of non-infringement, the progress of the case, and the settlement gold standard.
3. Comprehensive store operations, store frozen funds, settlement or response costs, and the possibility of association with other normal stores, select appropriate solutions, reconcile, respond or give up.
Infringement analysis and determination are difficult. It is recommended that the seller seek the help of a professional agent, and then combine the professional opinions of the agent to deal with it, and it will be more confident.
Attached here are trademark and patent search URLs for everyone to do screening
Trademark query URL
United States: https://www.uspto.gov/
European Union: https://oami.europa.eu/ohimportal/en/
Patent query URL
United States: http://patft.uspto.gov/
EU invention patent inquiry:
https://www.epo.org/index.html
European Union Appearance Patent Search:
http://oami.europa.eu/RCDOnline/RequestManager#
Now that the market is fiercely competitive, it is better to take the initiative to take the initiative. If you want to avoid the risk of infringement, the best way is to register trademarks, apply for patents, register copyrights, make arrangements for intellectual property rights, and sell your own brands, which is the safest way!
