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Intellectual property violations on Amazon run the gamut, but all put your seller account at risk

By: Kayla Forrest

Intellectual property rights are taken seriously. Why? Because intellectual property violations on Amazon can turn into a legal issue.

When it comes to Intellectual Property (IP), Amazon protects itself. And to protect itself, Amazon gives the benefit of the doubt to the alleged Rights Owner. If a Rights Owner (RO) made a complaint that their IP was violated, and Amazon did not act, Amazon would be legally liable.

Unfortunately, this creates terrible headaches for Amazon sellers who are often incorrectly warned – and even suspended – over trademark, copyright, patent and counterfeit claims.

Standard IP complaints on Amazon

Trademark is one of the most commonly filed IP complaints. A trademark is a legally registered symbol or word(s) that is used for representing a product or company. If an RO has a registered and active trademark, and is being shown on someone else’s detail page or product, enforcement can occur.

This can also happen with a Common Law Trademark (unregistered trademark). Amazon will warn sellers for Common Law Trademarks when the trademark can be verified. This means the trademark must be known in the region it is being reported, and it must be associated with the RO.

Copyright infringement means that the RO’s work is being used without permission. This applies to a picture, book, film, song and many other forms of media. On Amazon, this complaint is more likely to occur with images. If an RO can show that there is a violation by providing information about the work or the copyright registration number, the seller will be warned. Technically speaking, the media does not need to be registered at all.

There are two types of patents that can be reported to Amazon. These are design patent and utility patent. To put it simply, a design patent is for the visual qualities of a product. A utility patent will protect the functionality of a product. A valid, registered and active patent must match a supposedly infringing product. Dealing with a patent infringement issue can be very difficult. It may be best to seek legal advice if the situation occurs.

The most common IP complaint: counterfeit

The most common infringement type that a seller may face is for counterfeit product claims. For an RO to report a counterfeit claim, they must have a registered and active trademark. The trademark must be seen on the product, and the RO must be claiming the products are fake or counterfeit. Frequently, an RO will declare exclusive distribution when supporting their counterfeit claim. Amazon clearly states that they will not support an exclusive distribution claim. Therefore, it would be useful for sellers to look out for exclusive distribution when attempting to contact an RO.

What to do when IP complaints are filed

In conclusion, all of these intellectual property claims can cause headaches for sellers. But with the right knowledge, you can gain reinstatement for your account or ASIN. Even though Amazon is looking to protect itself and the RO, all sellers deserve a chance to appeal infringement warnings. Proper advice can help the seller move past the issue and prevent future enforcements.

Most importantly, don’t ignore IP complaints. Address them head-on. If Amazon thinks you are not serious about these and other warnings, you are at much higher risk of losing your selling privileges — maybe permanently.

Need to talk about intellectual property violations on Amazon issue in your account? Give us a call 877-289-1017 or visit our website.

Kayla Forrest focuses on appeals for Amazon account and ASIN reinstatements. Kayla has 4 years of Amazon experience where she worked in Seller Support and as an Investigation Specialist. In those roles, Kayla dealt with escalations and focused on FBA, intellectual property rights, as well as brand and product gating.

Certain actions – or even no action at all – can get older accounts flagged. Even veteran amazon sellers may get verified.

By: Lesley Hensell

“Papers, please.” That’s the surprising request veteran Amazon sellers are receiving. Yes, your veteran Amazon seller account may get “verified.” You need to know why.

It’s verification. It is common for new Amazon sellers. When a seller signs up for a new account, they are asked to provide documentation proving their identity. Typically, this is a driver’s license or passport, plus a utility bill in their name.

But now, Amazon is asking holders of old accounts to prove their identities as well.

Why veteran amazon sellers may get verified.

Believe it or not, Amazon does not verify accounts because they have nothing better to do. It’s not even a Medieval torture device for sellers. Rather, Amazon is required by law to gather certain information and ensure it is accurate.

Certainly this is to protect Amazon – and to protect buyers. They must prevent money laundering. In addition, they must make sure that sanctioned sellers are not on the platform. Whether this is related to an entire country sanctioned by the U.S. government or an individual known to engage in criminal activity.

Many veteran account holders never went through verification. So no documents of any kind were required when they signed up to sell on Amazon long ago. Oftentimes, it is actions inside of these older seller accounts that kick off a fresh verification review. For example, the seller may have changed their contraction information. This includes banking information, credit card, tax ID number or address. If these are slowly changed over time, it is less likely to kick off a verification review. A verification review is almost inevitable if all these fields are edited within a day or two.

What if they don’t accept my documents?

In most cases, Amazon is able to verify accounts quickly and easily. They match your name and address on a government-issued ID (passport or driver’s license). As well as on a utility bill from the last 90 days. Therefore, it is critical that your name and address match on your Amazon account and your documents. Mismatches are the most common reasons for suspensions related to verification.

Finally, if Amazon does not accept your documents, don’t despair. Try the following:

Ensure that everything matches on your documents.
Double-check the document quality. Sometimes, a bad scan can lead to rejection.
Explain any relationships between yourself and your company name.

Still running into trouble? Give us a call. Your situation may require professional help. Because the front-line investigators in Seller Performance rarely feel empowered to overrule a rejected verification. We find that escalations to executives are usually needed for success. We are here for you and your business! Let’s talk 877-289-1017 or visit our website.

Lesley Hensell is co-founder and co-owner of Riverbend Consulting, she oversees the firm’s client services team. Lesley leverages two decades as a small business consultant to advise clients on profitability and operational performance. She has almost a decade of Amazon seller experience.

verification

The many kinds of intellectual property violations on Amazon