How to Protect Your Brand Name

& Product Listings on Amazon

D r i v i n g U n a u t h o r i z e d S e l l e r s O ff Yo u r A m a z o n L i s t i n g

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OVERVIEW

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Today’s Speakers

Pat PetrielloHead of Marketplace Strategy

Kathleen WalkerCo-founder/Managing Partner

Carina McLeodEcommerce Management Consultant

Poll For The Audience…Which describes you best?

A. Third Party Reseller

B. Third Party Brand Manufacturer

C. Vendor to Amazon (Access to Vendor Premium Services)

D. Not currently selling on Amazon

Overview

• Amazon’s Role in Brand Protection

• How to use Amazon programs to your advantage

• How to Handle Trademark & Copyright Infringements

• How to effectively enforce Amazon MAP

• How brand owners can improve their current brand protection strategies

There is No “Silver Bullet”

Amazon’s Role in Brand Protection

What does Amazon define as a violation?

Amazon Does Not Enforce

Detail Page Ownership and Image Restrictions: When a detail page is created, it becomes a permanent catalog page on Amazon.com that will remain even if the creator's inventory sells out.

Exclusive or Selective Distribution: Amazon respects a manufacturer's right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Amazon to assist in enforcement activities.

Source: https://www.amazon.com/gp/help/reports/infringement/ref=ag_xx_cont_201165970

What role does Amazon play in helping sellers’ protect their brands?

Reporting a Violation

If you believe this seller is offering an item different than advertised, please contact our Seller Performance Team. Any reports of a possible violation of the Amazon.com Community Rules and/or Participation Agreement are handled by our Seller Performance team. You will need to file a report with the Seller Performance team and provide an Order ID Number of a test buy that confirms your claim that these sellers are not offering the item(s) advertised.

Source: https://sellercentral.amazon.com/gp/help/help.html/?itemID=200444420&ref_=ag_200444420_h_r2_cont_sgsearch

Does Amazon assume any liability when a third party seller is selling counterfeit products?

Amazon Anti-Counterfeiting Policy

Customers trust that they can always buy with confidence on Amazon.com. Products offered for sale on Amazon.com must be authentic. The sale of counterfeit products, including any products that have been illegally replicated, reproduced, or manufactured, is strictly prohibited.

Source: https://sellercentral.amazon.com/gp/help/help.html/?itemID=201165970&ref_=ag_201165970_a_r1_cont_sgsearch

Amazon Brand Registry Program

The Amazon Brand Registry enables you to:

1) Influence the product detail information for your branded products.

2) List products without UPCs or EANs.

Note: Enrolling a brand in the Brand Registry and registering as the brand owner does not prevent other sellers from selling the branded products.

Source: https://sellercentral.amazon.com/gp/help/help-page.html/ref=ag_200955930_cont_scsearch?ie=UTF8&itemID=200955930

Amazon Exclusives Program

Program Requirements

You must meet the following requirements for each applicable product:

1) Be the brand owner of the product.2) Register your brand through the Amazon Brand Registry.3) Fulfill the product exclusively using FBA.4) Not sell the product through sales channels other than Amazon

marketplace sites, your own branded websites or your physical stores.

Brand Presentation/Protection: Amazon will enable video and additional HTML on your listing pages to help you differentiate your product. In addition, they will create barriers to protect your brand and listings as your profile on the platform grows.

Fees: Amazon charges an additional 5% in referral fees.

How to Handle Trademark & Copyright Infringements

What is a Trademark?

• “A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identified and distinguishes the source of the goods from one party from those of others.” www.uspto.gov

• TM: Refers to a mark that is claimed as a trademark, but has not been registered with the United States Patent and Trademark Office.

• ®: Refers to a mark that has been registered in the United States Trademark and Patent.

• Trademarks are issued in “international classes” by the identify of goods and services that the trademark will cover. For example, consumer electronics is international class 9.

• Registered Trademarks are good for an initial term of ten years and can be renewed every ten years in perpetuity as long as the trademark is used in commerce.

• Cost: There are many factors for determining the filing fee for an initial trademark application. Prices range from $225 to $375 per trademark per class of goods.

What is a Copyright?

©“A form of protection provided by the laws of the United States for ‘original works of authorship,’ including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. ‘Copyright’ literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.” www.copyright.gov Generally, copyrights are good for the life of the author plus 70 years. Copyrights are not renewable.

Cost: $35 to formally register a copyright with the U.S. Copyright office.

What will Amazon enforce?

Generally, Amazon DOES NOT enforce trademarks and copyrights.

● The contract between a seller and Amazon expressly grants Amazon and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.

● When a brand creates a detail page, that content becomes a permanent catalog page on Amazon.com and gives Amazon the right to that content, even if the brand stops selling on Amazon. https://www.amazon.com/gp/help/reports/infringement

When Amazon will enforce copyright & trademark infringement?

1. Amazon will only enforce trademarks and copyrights that have been registered with the United States Patent and Trademark Office and the United States Copyright Office.

2. Counterfeit Product: If the product the proven to be counterfeit through a test buy. Before Amazon will remove a counterfeit listing for trademark infringement, the seller must complete the form at www.amazon.com/gp/help/reports/infringement. The form requires:

a. Amazon.com Order ID of a test buy that confirms the violation.b. Copy of trademark registration.c. Proof of purchase for the product’s UPC bar code.d. Photos of the item(s) received in the test buy.e. Address, telephone number, and e-mail address.f. A statement, made under penalty of perjury, that the information in the infringement

notice is accurate, and that the person filing the complaint is the trademark owner or authorized to act on the trademark owner's behalf.

3. Copyrighted images or text that have not been uploaded on Amazon by the brand – in short, copyrighted materials that the Amazon is not licensed to use.

4. Mismatched ASIN – if a seller is linking to the brand’s ASIN number, but it is not identical product. To file an ASIN related complaint, a test buy must be made and the brand must certify that the product purchased is not the same product assigned the ASIN. If it is counterfeit product, Amazon will remove the listing, if it is not counterfeit product, then Amazon will require the seller to obtain a separate ASIN for the product.

What should brands look for to enforce trademarks and copyrights?

1. Always, always, always review listings and follow the links at the bottom of the listing showing other sellers if the same product.

2. Engage in test buys of product that looks suspicious – if it is not genuine, Amazon will remove the listing.

3. Images or text that have been registered with the U.S. Copyright Office that have not been posted on Amazon by the brand.

MAP Enforcement

How to handle sellers who are selling below MAP?

Amazon does NOT enforce MAP -- “As the enforcement of these agreements is a matter between the manufacturer and the retailers,it would not be appropriate for Amazon to assist in enforcement activities.”

How To Handle Sellers Below MAP

• Contact sellers and request a price change• Stop selling to sellers who do not abide by MAP• Make test buys to insure that the product is not counterfeit

Efforts brands can take to protect themselves?

• Register trademarks and copyrights for tools to take down infringers• Restrict the number of distributors selling your product and require distributors to

provide monthly sell-through reports• Require all resellers to sign an authorized reseller agreement that prohibits resellers

from selling on Amazon and other online marketplaces• Serialize product allowing a track and trace system from manufacture to consumer• Monitor online brand presence, not just Amazon, to insure that the brand is not being

counterfeited or its intellectual property (trademarks, patents, copyrights) are not infringed

• Aligroup websites• Ebay• DHgate• Google Shopping

• File lawsuits against counterfeit sellers• Maintain list of authorized sellers on brand website• Publicize brand protection efforts

How brand owners can improve their current brand protection strategies

Brand Protection Strategies

✅ Trading Agreement Restrictions

✅ Product Controls

✅ Internal Selling Policies

✅ Gray Market

Trading Agreement Restrictions

Make it Difficult for Retailers to Sell on Amazon!

• Brand owners can include in the retailer or distribution agreement a sales restriction.

• A sales restriction should state that sales on third party websites are not permitted without approval.

• If a retailer or distributor breach the agreement the brand owner may cut supply and close the account.

• Sales restrictions are resource intensive, they require policing and making contact with sellers or distributors.

• Unauthorized sellers will continue to appear, regardless of restrictions.

Product Controls

Discover those Sellers in Disguise!

• Sellers can disguise their names making it difficult to identify the source of supply.

• Brand owners can add serial numbers to identify source of supply.

• Best to have serial numbers printed on the product or in a place that makes it difficult for the Seller to remove.

• Brand owner will need to purchase item to identify the serial number and link it to the retailer or distributor.

• Resource intensive to manage and can be costly if items are of high value and there are a high number of offenders.

• Commingled inventory can make it difficult to identify the exact source of supply.

Internal Selling Policy

A Brand’s Selling Policy can Influence the No. of Sellers!

• How readily available and easy to purchase is the brand in the market?

• Brand owners must have a clear plan on who they wish to sell to e.g. through a distributor or direct to retailers.

• Brand owners must understand the implications of selling to each channel.

• Selling to distributors can result in loss of control of the brand and not knowing where or to whom the items are being sold.

• More difficult to identify sellers when supplying to distributors.

• Tighter control selling direct to retailers or consumers but resource intensive.

Gray Market

The Trade of Goods through Distribution Channels that are Legal but Unintended by Original Manufacturer

• Brand owners that have surplus stock and sell it off in bulk at a low price to a wholesaler may see more unauthorized sellers listing their items on Amazon.

• Products on the gray market typically have no warranty, which customers are not aware of when purchasing on Amazon.

• Sellers purchasing via the gray market will not always respect MAP and may have little product content.

• Brands must understand the implications of selling via the gray market. They may want items to disappear but they will often reappear on Amazon.

Best Practice

Be Proactive rather than Reactive!

• Brand owners at initial stages typically are so focused on growing sales, they don’t implement any brand protection strategies.

• Once the distribution of the brand is in all stores and is easily available to unauthorized sellers, they then realize they should have adopted more restrictions from the start.

• Brand owners will often be reactive dealing with unauthorized sellers once they have emerged as opposed to proactive implementing strategies to avoid or reduce them at the start.

• It’s never too late, start implementing strategies now, it may take more time to clean up but it will help the business in the long term.

Poll For The Audience…Would you like to schedule some time to speak with one of our Amazon brand protection specialists?

A. Yes

B. No

Questions for the Experts?Submit your questions in the chat box on the right

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