What is Intellectual Property Infringement?
Intellectual property rights are the rights granted to the inventor or creator in recognition of their original work. When such intellectual property rights are used by someone else without their consent, they result in an infringement of intellectual property rights. Intellectual property infringements may include infringements of trademarks, copyright, patents, etc.
Amazon is, as we know, the world’s leading online market for the sale and purchase of commodities. So, if someone wants to sell their products through Amazon, it is essential to ensure that the goods or products sold do not infringe on intellectual property rights or lose their selling privileges. However, amazon ensures that products do not infringe or violate the IP rights of the right holder on its markets. The right holder shall be the person who legitimately owns the intellectual property rights of the product concerned (e.g., the brand, the seller, the customer, or any third party).
Infringement of the IP on Amazon includes:
– Using an image or photograph without the owner’s permission to advertise the product;
– Claims that a product is made by a single manufacturer, even though the product actually originates from another supplier;
– Selling products that have been incorrectly picked up from the authorized trade channel or “gray market;”
– Selling a protected item without first obtaining a proper license.
Reporting Infringement:
In order to file a notice of infringement of the IP, one must be the owner of the registered IP or the agent authorized by the owner to file a notice on his behalf. Further, if the owner’s trademark is already registered in the Amazon Brand Registry, the report may be submitted through the Report a Violation (RAV) or the Report of Infringement Form. Where the owner’s trademark is not registered, it may be submitted through the Report Infringement Form. The report contains the following information:
1. Identification of the IP being infringed;
2. Nature of infringement;
3. List of infringing products;
4. Any additional information relating to the infringement of the product which may help the amazon to process the complaint.
Amazon Trademark Infringement:
Amazon Brand Registry:
Amazon provides a service known as the Brand Registry to protect trademarks. Sellers who register for this service will track possible infringements of trademarks quickly and effectively. It can be accessed easily through signing up by the seller to search text and images that instantly recognize infringements. The seller can easily access it by signing up to search for text and images that quickly identify infringements. Amazon Brand Registry allows listings to be searched with Amazon Standard Numbers (ASINs) and keywords. If there is trademark infringement that one should have an attorney to assist, first, amazon responds quickly when the claim comes from a lawyer, and second, making a mistake in reporting the infringement can lead to litigation & removal of the seller.
A trademark or brand infringement may occur on the Amazon Marketplace in a variety of ways, including:
1. ASIN-Level Infringement- The product or product packaging shown on the amazon bears a trademark that is identical or similar to the owner of the trademark, after which a report may be made against the entire ASIN or the product detail page for infringement of the trademark.
2. Product Detail Page Infringement- The trademark used for the product on the product detail page is the same as the trademark owner’s product. However, the product is not sold by the owner in such a case, the infringement of the trademark is filed on the product detail page.
3. Seller-Level Infringement- One may report infringements of the offer if it is believed that a specific proposal from the seller lists a product that infringes your brand name.
Amazon Copyright Infringement:
The infringement of copyright on Amazon has become a growing issue. To receive copyright protection, a work of author must be original and must have some amount of creativity. One may stop the infringement of copyright from being copied by sending the cease and desist letters to the alleged offender. Another way is to report the infringement directly to the Amazon and remove the listing from the site. Amazon is associated with three forms of copyright infringement: ASIN-Level Infringement, Seller-Level Infringement, and Image or Text Infringement. Firstly, ASIN-Level infringement is a violation in which the text or image of the product or its packaging is the same as that of the owner of the product. Secondly, Seller-level Infringement includes an attempt to sell a product that infringes the copyright of the owner. It will be an offer that forms the basis of the complaint. Thirdly, Image, or Text Infringement involves the unauthorized use of text or image for product description.
Amazon Patent Infringement:
Amazon has a strict policy against patent infringement, and users who engage in such behavior may have their listings deleted or their accounts deleted. What we need to keep in mind is that, unlike trademarks and copyrights, the patent must be registered with the USPTO to be licensed. Each particular case of infringement of the Amazon patent is different, and no rule applies to each circumstance. When a patent holder finds that their rights being violated on Amazon, then there are few ways through which it can be protected. One of them is a cease and desist letter. These letters serve several purposes. The most important, however, is to let the infringing party know that the owner is ready to defend his patent rights. It is necessary to inform them, within the letter, that their actions constitute infringement. The letter should require that they stop selling the product (cease) and never sell it again (desist). In addition to sending a cease and desist letter, one can report infringement of the patent directly to Amazon. If ASIN or product on amazon is infringing the design or utility patent of the patent holder, then the owner can report the entire ASIN.
Result From Submitting a Notice of Infringement:
The owner will receive a confirmation message while the notification is being checked, and a follow-up response will also be processed in time. Further, If the notice of infringement is acknowledged, the contents mentioned shall be removed and the appropriate action taken against the infringer. However, if the notice of infringement is dismissed, the items will not be withdrawn and no action against the seller.
