Taking legal action against an Amazon Seller who is producing and/or selling counterfeit versions of a product containing intellectual property you own may be the quickest and most effective way to ensure they stop while also fighting for you to be appropriately compensated.
Discovering your products are being counterfeited and sold by another entity is not a situation any store owner wants to find themselves in. The implications involved can be financially damaging. Counterfeit products can dilute your brand, confuse customers, and lead to significant revenue loss. They can also expose you to unnecessary legal complications.
Act swiftly to help mitigate these effects. Speak with an attorney today.
Can I sue someone for selling counterfeit versions of my product on Amazon?
Yes, you absolutely can sue for infringement of your intellectual property rights. Legal action is a viable option if you hold a patent, trademark, or copyright on a product and find it replicated on Amazon. This process typically involves:
- Proving your intellectual property rights have been violated. This step is completed during your free case evaluation with your attorney.
- Filing a complaint, along with other needed legal documents and pleadings. A detailed breakdown of what is needed is created during your initial case review.
- Pursuing litigation with an IP Rights Attorney against the infringers to cease their operations, recover damages, and possibly receive compensation for lost sales and harm to your brand.
The legal response taken varies greatly depending on the severity of the situation. The legal response your attorney may recommend can be anything from a cease-and-desist letter to formal litigation.
Can Amazon help me if I catch an Amazon Seller selling counterfeit versions of my patented products?
Yes, Amazon can provide you with limited help; however, depending on your situation, working with an intellectual property rights attorney may be more in line with the legal response you are looking for.
Counterfeiting has become a serious problem on Amazon, it’s a problem Amazon is taking seriously. Amazon launched a Counterfeit Crimes Unit (CCU) that uses advanced technology and works closely with law enforcement agencies to hold counterfeiters accountable.
Amazon recently created the Amazon Brand Registry to help empower sellers in matters pertaining to their intellectual property. By registering your brand with Amazon’s Brand Registry, you gain more control over your product listings and can more effectively combat counterfeiters.
Amazon also provides a platform for reporting infringements directly. This involves filling out a detailed report specifying the nature of the infringement and providing evidence to support your claim.
Counterfeiting products and selling them is a federal offense. Knowing your rights is the first step. An intellectual property rights attorney can fight for you to help protect your brand.
Protect your business and its reputation.
At Ford Banister, LLC, we are committed to helping you secure your intellectual property rights.
By understanding your rights and the resources available, you can fortify your business against the negative impact of counterfeits and continue to grow your presence on Amazon.
Speak with a Ford Banister, LLC attorney today.
You can contact our team by using our website or by calling us at 212-500-3268.
