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welcome to the video on addressing amazon's intellectual property policy violations this module covers a actions to be taken to address intellectual property violations b best practices to remain compliant note that when you sell on amazon you must one comply with all federal state and local laws and amazon policies applicable to your offerings 2. not violate i.p rights of brands and other rights owners it is also important to note that amazon's policy guidelines and the content in this video do not constitute legal advice you should consult a lawyer if you have a specific question about your ip rights or the ip rights of others keep in mind that this module was developed specifically for sellers operating in the u.s and provides an overview of u.s policies policies in other countries would vary refer to the intellectual property help pages for country-specific policies let us first cover how to respond to an ip violation notice amazon takes any claims of infringement seriously even for sellers that are infringing upon ip without their knowledge you should consult a lawyer to ensure that you have appropriate checks and procedures in place to prevent ip infringement for all the products you sell if you receive a notice of infringement depending on the nature of the notice you can take several actions to review resolve and reduce your risk of account deactivation the account health tab shows the account deactivation and listing level violation messaging from your account health dashboard you will be able to submit an appeal review pending appeals and amazon's replies to your appeals typically infringement notices target a product offer or an asin for removal if the infringement occurred only on the product detail page you may appeal after you rectify the details on the product detail page and ensure that infringement does not happen anymore if you believe that either the rights owner or amazon made an error you may dispute the claim and provide supporting documentation the supporting documentation required depends on the nature of the notice and could include an invoice an order id a letter of authorization a licensing agreement etc refer to specific instructions provided in the relevant notifications on your account health dashboard on seller central for more information refer to the policy pages in the help section of your seller central account make sure to respond to individual policy level violations in a timely manner to help prevent account deactivation if your account has been deactivated because of multiple notices of ip infringement you will likely be required to submit a viable plan of action or poa to learn more on how to create an effective poa and addressing listing or account level deactivation refer to additional content on seller university or to the appropriate help pages on your seller central account next let us discuss the best practices to remain compliant with ip policies it is important to note that this is not legal advice and does not provide a guarantee against violations you should consult a lawyer if you have a specific question about your ip rights or the ip rights of others 1. always review existing intellectual property before creating or listing a new product 2. compare your products to existing trademarks and patents on the local governing body's website to ensure you're in compliance 3. ensure your supplier has valid rights or authorization 4. regularly review your account health dashboard to be aware of any risks to your account 5. use your own photographs and designs for your product listings or photographs or designs for which you have received permission to use from the creator 6. if you want to indicate the compatibility of your product with a product of a different brand in the product title use the following title format for branded compatible products your product's brand name plus product name plus four compatible with fits intended for plus brand of main product plus main product name plus other product title elements if applicable for example brand name power cord compatible with amazon alexa seven maintain relevant records and documentations for your products including invoices letters of authorization licensing agreements and any other supply chain documents eight if you are not sure whether your product may be infringing consult an attorney for help to ensure you have the right procedures in place to prevent ip infringement 9. appeal or dispute any listing level notices of infringement whenever possible to avoid further action on your account this wraps up our video on addressing amazon's intellectual property policy violations thank you and happy selling on amazon
Thanks for your comment Terrell Ferlenda, have a nice day.
- Pat Wank, Staff Member
hey everybody its Mike from AMG advisers and today I have a special guest with me Preston from brand artistry trademark Preston in this company helped ecommerce sellers deal with intellectual property challenges in issue in cost-effective ways he's here today to tell you more about how intellectual property can help you as an e-commerce seller build your brand and protect it online hi Preston thank you for being here with us hi Mike I'm I'm happy to be here thanks for the opportunity I'm glad they have you here as well could you please tell us a little bit more about your company absolutely my name is Preston fresh necked and my company is brand registry trademark I'm an intellectual property attorney I'm a registered patent attorney and so what I do is help businesses become more competitive using intellectual property legal tools like patents trademarks copyrights and you know play games in that space to help businesses be able to increase their bottom line okay awesome thanks Matt so as the sound of you mentioned a few of the different types of internet intellectual property that are available maybe you can just expand a little bit more on what those are you bet so starting with patents there are different kinds of patents but roughly patents are gonna protect the utility of products or product design so if you have a product that has you know some sort of a function or some sort of a unique application oftentimes you can protect it with the utility patent if your product has shapes that are important to it if it's unique in the market because it looks a certain way then you can protect it with a design patent so there's different facets of products that you can protect with patents trademarks are what are used to protect brands logos sometimes technologies the names of technologies anything that a consumer is going to identify a brand or something that indicates the source of a product that's something you'd protect with trademark copyright is it's sort of more for artistic thing so sometimes products or businesses will have unique value in the way that they've sort of their content or perhaps some of their design aspects if things have a visual quality to them or lots of times online sellers will use product photos and that's something that we use quite a bit to manage competition online if they're using product photos and their listings or if they have unique content like in their user manuals and then how do you determine what someone needs or what type of intellectual property don't you that's a great question and it's one that's really I find as I talked to people that they don't often understand all the potential and all the opportunities that they might have sometimes even with a pretty mundane or pedestrian product but really it's a conversation it's somebody coming to me and saying this is what I have is there any way I can protect it and oftentimes we can figure out lots of different ways to try to protect something and it's definitely worth having those conversations early on and you can usually do those with a free consultation or or you know just a short conversation because one of the issues that you find is that if you don't do it upfront you may miss opportunities and later on down the road after you've grown to a certain stage or something like that you can no longer go back in time and protect the things that have brought you success to that point okay so that sounds like one reason that a seller might be motivated to get intellectual property are there are other reasons why a seller might pursue getting intellectual property for their brand yeah absolutely I mean you can look at it from a very narrow perspective which is something I'm sure you and your company are very familiar with like the Amazon brand registry that's a large part of our focus is when a seller wants to access the enhanced brand content that's available through amazon.com they're going to need to show intellectual property rights to do that a trademark registration for example so there are platforms that actually require that you have some basis of perfected intellectual property in order for you to be able to reach higher levels of SEO and and content but beyond that I also try with the businesses that I talk to to take a long term approach the reason that you want to get a registered trademark or a patent or any of these types of intellectual property is because they increase the bottom line for your company they can become appraisal assets for that company and you know I I spoke with someone not too long ago that has successfully grown a company and you know we've had some challenges because they fit in that situation that I was talking to before where they didn't do anything early on and it's only after they had success that they look to try to protect things and at that point it was too late and they told me I can't sell the company if I wanted to and I asked him why and they said because I don't own any of the products like people people can you know jump up and sell these products and I don't really have anything other than my cash flow in the company to offer as an asset and so the more you can think long-term and build intellectual property assets the more you'll be able to manage competition and increase the value your business so we're familiar with brand I just reading the trademark what types of things can be trademarked that's a good question as well trademarks are in lots of different places they can be what I refer to as a house mark if your company has an overall brand that is sort of the umbrella under which everything your company does fits then that is something that can be a trademark and underneath that brand that may be the major brand for your company you might have different product lines you know you may offer a product line a and a product line B C and each one of those product lines can have different unique names that are also predictable and underneath product lines you have names for specific products that are unique or within products you might have names for technologies a lot of times you see companies say you know in their marketing that they have some sort of unique technology and it'll have some funky name you know an example of what I grew up with was nike air you know you knew that nike air had that little air bladder in the shoe and you thought man that's really cool well I guarantee you that you know anything that was air related to shoes those guys protected so I really look at brand protection as a hierarchy I suppose and you can protect things within that hierarchy in order to sort of build an overall brand structure for your company when you're helping a seller or a company determine what type of intellectual property need what are the guidelines that you know a southern needs to consider when creating the brand of trademark or whatever other type of intellectual property it is so if I can be fortunate enough to talk with someone that's in the process of actually selecting a brand there there are some things that I can help them with as far as guidelines and they're good to know because if you und
Thanks pripodimy your participation is very much appreciated
- Pat Wank
About the author
I've studied sociology of generations at LaGrange College in LaGrange and I am an expert in world-systems theory. I usually feel jubilant. My previous job was retail sales department supervisor I held this position for 30 years, I love talking about backpacking and paddle ball. Huge fan of Lil Nas X I practice yoga and collect baseball cards.
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