How Amazon sellers can effectively avoid and respond to product infringement issues
Infringement issues on Amazon are common and usually stem from sellers’ lack of sufficient knowledge of the intellectual property rights of the goods being sold. This article aims to guide sellers on how to correctly avoid the risk of infringement and take appropriate response measures when encountering infringement accusations.
Avoiding infringement strategies
Self-check before selecting products
When selecting products, sellers should conduct a thorough intellectual property search. It should be noted that due to the long blind search period for patents, even if a search is conducted, the possibility of infringement cannot be completely ruled out.
Master supply chain information
Understanding the context in which a product is developed is critical. If it is independently developed, there is basically no risk of infringement; while imitating or improving other people’s products can reduce the probability of infringement, you still need to proceed with caution. Ensure that relevant registrations are completed in the early stages of research and development to enhance self-protection capabilities.
Follow product details
Given that suppliers may supply to multiple sellers at the same time, a large number of similar products with different brands appear on the market, which increases the risk of mutual complaints. Therefore, these issues should be addressed at the outset of working with suppliers.
Guidelines for responding to infringement
No infringement
When faced with specific accusations of infringement, you first need to analyze the situation calmly. If you confirm that you have not infringed, you can appeal to the platform through the following steps:
- Indicate that you are aware of the complaint and try to communicate with the complaining party;
- Describe the incident in detail and provide relevant evidence, such as logo similarity comparison;
- Provide supplier documentation or other certification to demonstrate that no regulations have been violated;
- Request account restoration.
Intentional or unintentional infringement
Once you find that you have infringed upon your rights, you should actively cooperate with Amazon, including contacting professional lawyers for help. In the appeal letter, you need to clearly express your determination to correct the mistake and take measures such as removing all infringing products. In addition, it is necessary to demonstrate specific actions to strengthen intellectual property awareness, such as regulating purchase channels.
Specific case analysis
FOXMIND Rodent Exterminator
This toy has frequently caused infringement disputes due to the use of the trademark “POPIT”. In addition, FOXMIND has also registered multiple related trademarks and product design patents. Sellers need to pay special attention to these potential infringement points.
FIDGETCUBE decompresses the Rubik’s Cube
This toy also involves trademark, copyright and design patent infringement issues. The brand has launched many rights protection actions, so selling such products is extremely risky.
To sum up, with the popularity of decompression toys, sellers should be more vigilant about intellectual property rights to avoid unnecessary economic losses.
The above are the avoidance methods and solution strategies for Amazon product infringement. I hope it can help you [[1].