How do you avoid infringement on Amazon, do you know these infringement minefields?
发布时间：2022-01-07 15:27:38
浏览次数：0The issue of Amazon product infringement has been mentioned many times before, but there are still many sellers who will step on the minefield of product infringement and receive Amazon’s complaint warning. Presumably, sellers should also know that Amazon attaches great importance to product infringement issues, and the handling of seller complaints is quite strict.
1. What are the infringement issues?
On Amazon, the infringement problems mainly include copyright, trademark rights, invention patents and design patent rights. Among them, trademark rights and design patent rights are the most frequently encountered by sellers.
1. Copyright: Usually refers to the copyright of the infringing author, such infringement occurs in Chinese sellers.
2. Trademark rights: refers to the official authorization of the official brand of the product, without the use of the other party's trademark or logo. From "fingertip monkeys" to "small pigs", the infringement is uninterrupted.
3. Invention patent rights: refers to the seller's unauthorized production or sale of products invented by others, or applications for patent protection.
4. Design patent: refers to the new design that is aesthetically pleasing and suitable for industrial applications, such as the shape, pattern or combination of the products and the combination of color and shape and pattern. The design refers to the design of industrial products, that is, the style of industrial products. In general, more than 60% of similar appearance patents are considered infringement.
2. How to effectively avoid infringement?
If you want to not infringe, you must start from the source of the supplier. At the same time, pay attention to the formal authorization of the brand trademark. In the listing and the name of the store, you should also pay attention to the trademark that cannot be registered by others, and you cannot use the brand name that is easy to mislead the buyer.
1. Ensure that the supply channels are formal. Many product infringements are in the supply chain of this supply chain. When selecting suppliers, we must strictly examine each other's production capacity and production qualifications, and eliminate fakes and fakes. If there is a trademark of someone else on the product, you should first check it on the trademark website. If the trademark is found to be valid and the subject is not your supplier, the supplier cannot provide you with a power of attorney. It is not recommended to sell this product.
2. To obtain a formal authorization for brand trademarks. If you are selling a brand of products, you must first obtain the formal authorization of the brand trademark before listing. There is a point that all sellers need to pay attention to: the brand authorization is only qualified for the trademark holders, the agent is not qualified to authorize the seller, and the seller can only legally use the trademark if it obtains the formal authorization of the trademark holder.
3. Avoid using other people's brand names. From the picture of the listing (using the original picture), the text description, to the keywords in the title and search terms, the brand name of others cannot be taken. In addition, the name of the store cannot be accompanied by a trademark registered by another person, nor can it use a brand name that is misleading to the buyer.
Like some doll toys, Apple peripheral products, wedding dresses, etc. are all "high-risk products" that are easy to infringe. Those who have made these products or intend to do it, should pay attention to it.
Many sellers know that their products are infringing, but they are willing to take risks in order to earn a lot of money. When they receive the red flag, they regret it and find a solution everywhere. And now Amazon's audit system is getting stricter. If you don't pay attention, you may be blocked and the funds will be deducted. Because of the short-term profit of the small profits, you will lose yourself.
3. What if I receive an infringing email?
1. First, the seller should check whether his product is infringing. If there is any infringement, it can only apologize to the seller who complained about your infringement and remove your infringing listing. If there is no infringement or authorization, the seller can open the case to contact Amazon official. And provide relevant product certification and other relevant certification materials to prove that they have no infringement.
2. Secondly, the seller should find out the application for trademark infringement, patents, design patents or copyrights of the infringing claimant. If the other party provides the patent details and confirms the product infringement, the seller will directly go down the listing, if the complainant has a tough attitude If compensation is required, the seller should actively communicate with the complainant. Generally speaking, the seller can withdraw the complaint by signing a guarantee or giving some compensation. If the other party asks for more compensation, it is estimated that the account will be scrapped. The seller still needs to take a good look at whether the account has the meaning of salvation, or the qualified seller can also ask the intellectual property lawyer to communicate on his behalf.
3. Finally, if Amazon directly removes your listing, you should contact the complainant to provide the infringement certificate. If the other party refuses to provide the seller, the seller can contact the Amazon official to complain that the other party refused to provide any infringement certificate and there is a malicious complaint. Behavior, let Amazon restore your listing.
Finally, attach the national trademark patent inquiries website. I hope that the sellers will make products and services, and earn more in Amazon.