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In an attempt to control distribution or limit risk, some brands have resorted to writing Cease & Desist letters and filing Intellectual Property (IP) complaints against resellers who list on Amazon.
These complaints range from messages sent through Amazon’s Buyer/Seller messaging system, to emails sent by Amazon, and even to FedEX letters sent by law firms. Some of these complaints are legitimately based in fact, while others are nothing more than attempts by other sellers to limit competition.
Intellectual Property Claims are here to stay
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AZAlert does not seek to provide advice on how sellers should respond to these letters and complaints, but we do want to help you recognize the brands tied to these complaint letters that have been identified by other sellers.
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AZAlert Shows you the Brand Name, Type of Claim(s) reported, Source of the report, and more.
Cease & Desist Letters
Requests to Stop selling a certain product, stop using a trademarked term or other Intellectual property. Usually, these are just written notices, sometimes sent from an Attorney, that threaten to escalate if the request is not honored.
Trademark Infringement
Unauthorized use of a word, phrase, design, or symbol, on the product, packaging or listing. These claims are often the result of a listing being created with incorrect information such as adding a trademarked word or phrase in the title of the listing. Inauthentic and Counterfeit claims also fall under Trademark Infringement. These claims usually come in the form of an email directly from Amazon after the Brand requests that Amazon step in.
Copyright Infringement
Unauthorized use of copyrighted material, including Text, Photos, Videos, Music, Software, or Product Designs. The infringement could be related to the actual product, it’s packaging, or the content on the Amazon Product Detail page.
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Not necessarily. Some brands only attempt to restrict their current lineup of products and are not concerned with inventory from past seasons. Others may seek to eliminate sellers from all of their products. Many times it is just an individual listing that is causing the infringement concern, and once corrected, the claim is dismissed.
We scour the Internet for mentions of IP claims against Amazon Sellers, recording the names of brands that are reported to file claims. We refer to these as "crowd sourced" in AZalert. We also have a list of documented IP claims that has been provided by SellerEssentials.com. (If you have received an IP Claim email or letter, please forward a copy to greg@selleressentials.com and we will indicate that it has been confirmed on the AZalert extension).
Not necessarily. Some sellers may have agreements with the brand that allows them to sell their products on Amazon.
You should take precautions to ensure that you are allowed to sell, that your product is an exact match to the listing, and you should be careful to determine that the Amazon listing does not have any infringing content.