Protecting Your Trademarks and Copyrights on Amazon: Lessons from My Experience

In my work managing trademark and copyright infringement cases, particularly on platforms like Amazon and AliExpress. Recently, I handled a case where a client needed to remove infringing content from both Amazon and AliExpress. While I’m very familiar with the Amazon process, AliExpress was a new challenge. Regardless of the platform, the principles of protecting your brand, images, and products remain the same.

Amazon: Filing Infringement Claims Step-by-Step

If you’re facing infringement on Amazon, the process for filing a claim is relatively straightforward, but you need the right information. Here's how you can do it:

1. Account Setup: First, you need an Amazon account to file an infringement claim. No matter if you're using Amazon UK, Amazon Japan, or any other version, the process is mostly the same.
2. Gathering Necessary Information: You’ll need the ASIN (Amazon Standard Identification Number) or the URL of the product or listing you wish to report. It's important to know what exactly you're reporting—whether it's unauthorized use of your images, hijacking of your product listing, or counterfeit products being sold under your brand.

Here’s an example from one of my cases: my client’s photos were being used across several listings on Amazon without permission. The first step was to locate the infringing listing and gather all relevant ASINs and URLs.

3. Reporting the Infringement: Once you’ve identified the listing, Amazon gives you several options for what to report. You can report an entire listing or specific images. For example, if someone is using your photos illegally, or if unauthorized sellers are offering counterfeit products, here’s what you need to know:
   • Copyright Infringement: This applies if someone is using your original photos or other content without permission. For example, if you’re the owner of the rights to a character like Naruto and someone is selling products with images of Naruto without your authorization, this would fall under copyright infringement.
   • Design Infringement: If someone is copying the appearance of your product, such as the shape or overall look, this would be considered design infringement.
   • Trademark Infringement: This protects your brand name. For example, if your registered trademark is "Naruto" and someone is using the name on unauthorized products, you can file a trademark infringement claim.

In one case, we encountered a seller using our client’s trademarked brand name on fake products that were sold as originals. After gathering the necessary information, we filed the claim as a trademark infringement, specifying that the infringer was using the brand name without authorization.

Filing a Trademark Infringement Claim

When you choose to file a trademark infringement claim, the next step is providing details about the violation:

1. Trademark Registration Information: You’ll need to provide the registration number of your trademark. Amazon requires this to validate that you are indeed the rightful owner of the trademark.
2. Detailed Explanation: In your claim, it’s important to explain:
   • That you own the trademark (e.g., “We represent the trademark owner, Naruto Inc.”).
   • How the listing violates your trademark rights (e.g., "This product is being sold under the Naruto brand name without authorization. The product is a counterfeit and does not meet the quality standards of the original product.").
   • Why the product is not a case of reselling: Amazon often assumes that third-party sellers are reselling authentic products. If this is not the case, you need to clearly explain why—such as “This product is not produced by us, nor have we ever authorized anyone to sell it.”

Once you submit your claim, Amazon will review it. If successful, they will remove the infringing listing or image. However, be careful with withdrawing claims. If you settle with the infringer but later find out they didn’t honor their end of the deal (e.g., payment for damages), it can be difficult to refile the claim.

Dealing with Copyright Infringement: Reporting Stolen Images

When it comes to image infringement, the process is slightly different:

1. Copyright Infringement: If your images have been stolen, choose copyright infringement when reporting. For example, if someone is using your product photos without permission, you can report the unauthorized use of your images.
2. Providing Evidence: Provide a link to where the original images were posted, such as your website or your Amazon listing, so Amazon can easily verify the unauthorized use.

In one case, a client’s handmade product images were copied by a seller who claimed to sell the same items. We provided evidence that these images belonged to the client by linking to the original Etsy store where they were first posted.

A Note on Copyright Ownership

Remember, you automatically own copyright to any image or content as soon as it is created. You don’t need to register it to enforce your rights. However, in some countries like the United States, registering your copyright with the United States Copyright Office can make it easier to protect your rights if you need to take legal action.

Handling Counterfeit Products on Amazon

One of the most common issues I encounter is counterfeit products on Amazon. This often happens when Chinese sellers hijack listings, selling fake versions of the product under the original listing. For instance, a low-quality imitation of the product is sold under your brand name, and customers end up leaving negative reviews that affect your brand’s reputation.

To report counterfeits:

1. Choose Trademark Infringement: When reporting counterfeit products, select trademark infringement and explain that the product being sold is a fake.
2. Explain the Impact: Describe how the counterfeit product is damaging your brand and misleading customers. For example, "This product is a poor-quality imitation of our original product. The seller is using our brand name to sell counterfeits."

In one case, a client’s brand was being used to sell poorly made products that weren’t authentic. We provided evidence that only a specific seller was authorized to sell the product, and the counterfeit listings were successfully removed.

AliExpress: A More Difficult Process

Now let’s move on to AliExpress. Compared to Amazon, AliExpress is much less responsive to intellectual property violations. In fact, even if you do everything right, there’s a good chance your claim may not be successful. However, here’s what you can do:

1. Register on the IP Protection Platform: The first step is registering on the AliExpress IP Protection Platform. You’ll need to verify your identity by providing personal information, such as an ID or business registration.
2. Submit the Claim: Once registered, you can file a claim. For example, I had a client whose handmade product images were being used without permission on AliExpress. We submitted a claim stating that these images were unauthorized, but the process was much slower and less reliable compared to Amazon.

Whether you're dealing with Amazon or AliExpress, you can defend your trademarks and copyrights. From my experience handling infringement cases, it's clear that each platform has its own process. Amazon tends to be more responsive, while AliExpress requires more persistence.

By following these steps, providing clear evidence, and explaining your case thoroughly, you can increase your chances of successfully removing infringing content. Always stay vigilant and monitor your listings to keep your rights respected.

Vladimir Isaev
CEO of Bonamark.com