Trademark Infringement is a regular problem faced by business owners especially when you are using e-commerce platforms like Amazon. Amazon marketplace is a usual e-commerce platform on which many small businesses have increased or grown.
Business owners can use the vast Amazon client base and brand faithfulness, but some startups might have to deal with copyright issues. In this content, we are going to tell you how to file a Trademark Infringement on Amazon and methods to prevent it.
What is Trademark Infringement?
To be able to appeal a trademark infringement on Amazon, you require to take a step back and know the basics. Also, before you respond to an Amazon trademark infringement complaint, you require to do prior research to guarantee that your complaint isn’t baseless, and Amazon won’t file an action for harassment.
Amazon has a special trademark infringement department that looks into such issues and assists to resolve them. A trademark is the signature design or stamp of a company manifesting that it’s a product of that company. Amazon has a distinct trademark which cannot be reproduced or used unless permission has been granted.
Trademark infringement stands for illicit use of that symbol for your products or services without suitable authorization. Moreover, this includes using an identical mark for products which are also similar. For example, the huge brands like Adidas or Gucci are reproduced as “Adibas” and “Gucci” respectively.
Laws Regarding Trademark Infringement:
The government of each country has particular laws dedicated to the infringer based on the indication produced. In each country, it is a punishable act and the company is responsible for a fine:
- In the US, if a company finds evidence that you used their trademark without permission, you have to go civil court sessions.
- If your company is a part of the Paris convention, then your company is responsible for a fine even when your mark is completely different.
- If the owner is unable to establish infringement issues, another party has the right to do so in some countries.
Talking about the customers, they always depend on the symbol or the mark that they see on the product. People buying a product via Amazon always see for that trademark. It is a symbol of quality and trust.
When you are using the Amazon e-commerce platform, you require to get suitable authorization from Amazon. Otherwise, you are not supposed to use their trademark or the same one according to the Lanham Act.
The Act also instructs that the third party be responsible for civil action. The Lanham Act says that the use of the alike mark for a similar product generates confusion in the consumer’s mind. It is not good for Amazon and the invader too.
General Factors of Amazon Trademark Complaint:
There are various factors which are checked in something called “the Polaroid test”. Based on these factors, the court determines the degree of confusion created by the third-party seller and the degree of similarity. These factors are also recognized at Trademark infringement.
- The strength of the trademark and its loyalty within people.
- Comparison among uses of the trademark.
- The likeness of products sold by Amazon and the seller.
- The infringer’s causes for using the Amazon’s symbol.
- Quality of the product traded by the seller if they new or second-hand.
- If the product range will be enhanced.
- The marketing sources used by the company.
- Evidence of confusion among consumers.
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If you got a notice of Amazon suspension for infringement; feel free to contact Amazon Support Number. Their knowledgeable professionals can get you out of this in no time without harm to your reputation. We will help you from the beginning with all the steps from getting a notice, to court sessions.