As we have mentioned before, Intellectual Property infringement includes different layers. We have already introduced you to Copyright infringement which you read here on Got Suspended Clients; today, we are going to talk about Trademark violation, which can be a reason for your Amazon account suspension.
First off, let’s try to understand what a Trademark actually is.
A trademark is a symbol, phrase, word, or even design that helps you symbolize your brand or product as ownership and distinguish it from other ones. For example, “Just Do It” is a trademark for Nike. The bitten apple is, of course, a trademark for Apple. Federal law governs trademark, and they are detailed in the Lanham Act. Without going too much into legal terminology, this Act outlines the procedure of registering a trademark and protect brand owners from trademark infringement which is basically people copying or abusing the trademarks without asking for permission. As a rule, a trademark stands as a sign of quality.
In most cases, trademark infringement occurs when sellers use business names or symbols, which have already been used by a brand or a business. In other words, if the seller uses a trademark of a popular brand and it confuses the buyer, it means that the seller is violating the trademark.
You should be ready for Trademark issues that may arise at any time during your operation on Amazon. Brands make baseless complaints against sellers. Even if you are selling inauthentic products (which you shouldn’t be, and which is a completely different suspension), you can be accused of trademark violation and get suspended at any time. Or you can be dead sure that you are sourcing genuine products, but unbeknownst to you, your supplier is selling you inauthentic products, and as a result, you end up having your seller account suspended.
Getting Away from Trademark Violations
A surefire way of avoiding trademark violations is working directly with brands, OR, their authorized distributors. Since a lot of brands are having issues with trademark violations, it can be a tough sell, but it’s doable once they know you are an experienced and legitimate seller.
If you do get hit with a trademark infringement suspension, your first step should be reaching out to the right owner and asking them to retract their complaint. An attorney can be of great help in this case. You should be patient since it may take dozens of times for you to persuade them to withdraw their accusation. Your main aim is to prove to them that you did not violate the trademark, or you didn’t do so intentionally. If your supply chain was the culprit, make sure the brand knows. When you succeed in negotiating with the brand, you can write your POA, send it to Amazon and ask them to reinstate your seller account. Do not forget to attach screenshots of your conversation with the brand.
The Got Suspended Clients team is always ready to help you with your account reinstatement. We will analyze your account, pinpoint the root cause of your suspension, and formulate a plan of actions that will resolve the issue in no time. By working with us you, are killing two birds with one stone since we will both negotiate with the brand, and write your POA. Our team consists of professional lawyers, writers, and e-commerce experts. Feel free to contact us at any time!
