Amazon IP Lawyer for Sellers
Some of the most common obstacles Amazon sellers face involve intellectual property law. As a result, it’s important for both new and established sellers to be familiar with the basics of intellectual property law. From establishing your brand and products to dealing with infringement claims, an Amazon IP lawyer from ESQgo®, PC, can help you navigate common issues, and prevent future ones from occurring so that you can achieve your business goals.
An Experienced Amazon IP Lawyer Helping You With All Aspects of Intellectual Property Law
Our founder, Mario Simonyan, built and sold two seven-figure businesses on Amazon. As a result, he has intimate knowledge of the challenges that Amazon sellers face. More importantly, he knows how to meet those challenges and what to do to build a successful Amazon business. As a lawyer, Mr. Simonyan helps Amazon sellers with almost all types of intellectual property matters including the following:
At ESQgo®, PC, our team works side-by-side with business owners and entrepreneurs to accomplish the following:
- Avoid infringement claims
- Establish protection for your intellectual property
- Respond to and resolve intellectual property disputes
- Initiate infringement claims when they arise
We provide a value-added service to our clients by helping them build and protect their brand. Working with us is an investment in your future success.
Do I Need a Patent to Sell on Amazon?
No, you do not need a patent to sell your product on Amazon, but it is wise to consider one.
Sellers with a variety of products may need to apply for both types of patents (a design patent and a utility patent). Unfortunately, patent law is incredibly complex and is quite difficult for non-lawyers to navigate. It’s also important to understand the limitations of patent protection. An Amazon IP lawyer can help you navigate these issues and get the protection you need.
When Do I Need a Trademark?
Trademark law pertains to the use of logos and other branding. If you are a private label seller, you should file for trademark protection of your name, logo, and any other branding that you use. The federal trademark process protects you against future infringement claims as well as against instances where another seller uses your name or logo. Many sellers don’t realize that without trademark protection, the name and logo of their business are vulnerable to other less scrupulous sellers. An experienced Amazon IP attorney can help you get your name and logo trademarked to prevent future problems.
Protecting the Packaging and Appearance of Your Amazon Product
If your product has a distinct appearance or unique packaging that causes consumers to identify your specific product, then you may qualify for trade dress protection. Filing for trade dress protection can protect your brand as well as guard against infringement claims from other sellers. An Amazon IP lawyer can discuss whether seeking trade dress protection is worth considering.
The IP Golden Rule: Never Use Photos, Text That Isn’t Yours
It goes without saying that you shouldn’t use any language or photos that you do not own, but there are scammers on the Internet who don’t – and won’t – follow this Golden Rule of the Internet.
Without copyright protections, the language and images you use to sell your products are vulnerable to infringement by other sellers. We often see hard-working sellers become victims of a copyright infringement claim because competitors secured the copyright first. An Amazon IP lawyer can help you file for copyright protection so that you don’t have to manage the headaches that can arise from copyright disputes.
Intellectual Property Disputes Often Lead to Account Suspensions, An Amazon IP Lawyer Can Help
Intellectual property disputes are more common than many people realize. Generally speaking, in an IP dispute in an online marketplace, one entity (a person or business) claims that another party is infringing upon their intellectual property.
For example, they may claim that the other party is selling an item that infringes upon their patent rights or that they are using an image or verbiage that is subject to copyright. In most situations, the parties involved can continue operating using the disputed intellectual property until a court reviews the dispute and determines who holds the appropriate rights.
Unfortunately for Amazon sellers, the situation is more drastic when dealing with an intellectual property dispute. If someone claims that you are infringing on their intellectual property and reports it to Amazon, Amazon may simply suspend that listing or even your whole account, which means that you can no longer sell that particular item or sell anything at all until the dispute is resolved. In addition, Amazon will hold any funds from sales not yet paid for up to 90 days or more while the dispute is pending. For many Amazon sellers, a suspension of their account or even a particular listing can cripple their business.
If your account has been suspended due to an infringement claim, your option to get your account or your listing reinstated is to file an appeal. As both a seller and an Amazon IP lawyer, Mr. Simonyan can help you navigate the appeal process quickly and cost-effectively. He also helps sellers who discover other sellers infringing on their intellectual property rights file complaints with Amazon. If you are an Amazon seller, we are uniquely positioned to help no matter what your needs may be.
How To Deal With Amazon IP Complaints
Dealing with a Amazon trademark infringement complaint requires identifying which of the three categories the complaint falls under. If the issue is incorrect sourcing or inaccurate product description, it is crucial to have the right documentation to appeal your listing or account description. For unauthorized product description claims, you may need to remove infringing content from your product detail page to resolve the complaint.
If you face a utility Amazon patent infringement claim, Amazon’s Neutral Patent Evaluation Process is a cost-effective and time-saving solution that uses experienced attorneys to resolve disputes. As an Amazon seller, it is essential to have an Amazon patent attorney to represent you during the evaluation process.
The United States Copyright Office defines copyright infringement as the reproduction, distribution, performance, public display, or creation of derivative works of a copyrighted work without the owner’s permission. Recently, copyright infringement claims on Amazon have increased, primarily involving photographs. While some Amazon Copyright Complaints are legitimate, many are not. The merit of the complaint determines the appropriate course of action.
Work With an Amazon IP Lawyer at ESQgo®, PC
We can help whether you are an established seller facing an infringement claim or a new seller looking to protect your intellectual property. If you would like to discuss your case with an experienced Amazon IP law firm, complete our online contact form to schedule a free, 1-hour consultation.