Operating an Amazon store can feel like walking on thin ice. The constant threat of infringement claims hangs over sellers like the Sword of Damocles, ready to strike at any moment. These complaints may come from competitors' malicious reports, Amazon's routine inspections, or even targeted legal actions from professional law firms. For Amazon sellers, especially newcomers, understanding infringement types and mastering response strategies is crucial.
I. Three Major Infringement Types and Countermeasures
Amazon primarily recognizes three types of infringement: trademark, copyright, and patent violations. Below we analyze each category and provide corresponding solutions.
1. Trademark Infringement: The Brand Protection Red Line
Trademarks serve as unique identifiers distinguishing a company's goods or services, which may include words, symbols, designs, or combinations thereof. Trademark rights are territorial, only protected within their registration jurisdiction. Simply put, unauthorized use of another's trademark or logo—whether in product titles, descriptions, images, videos, or on products/packaging—constitutes trademark infringement.
Response Strategies:
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Upon receiving an infringement notice:
- Verify the claim by checking the trademark office website of the relevant jurisdiction
- If the trademark exists and your product falls under its registered category, immediately remove the listing and dispose of FBA inventory
- Submit a sincere appeal letter explaining the infringement cause, corrective actions taken, and future prevention measures
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For mistaken claims:
- Provide trademark registration certificates or authorization documents
- Submit authentic invoices and supplier verification
2. Copyright Infringement: Safeguarding Original Content
Copyright protects intellectual property rights for original works like videos, music, books, and artwork. Unlike trademarks, copyrights don't require registration—original creators automatically hold rights. Common Amazon copyright violations include stolen images, copied listing descriptions, and unauthorized use of protected designs (e.g., popular movie characters).
Response Strategies:
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Self-audit:
- Verify image originality (request source files from suppliers if necessary)
- Ensure listing descriptions are original
- Check for protected design elements
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Appeal process:
- Acknowledge mistakes and explain corrective actions
- Commit to using original content moving forward
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Against fraudulent claims:
- Provide trademark certificates and manufacturing authorization
- Submit purchase contracts or invoices
3. Patent Infringement: Protecting Technological Innovation
Patents legally protect inventions, granting owners exclusive rights to manufacture, use, or sell patented products. They fall into two categories: utility patents (protecting structure/function) and design patents (protecting appearance). Products substantially similar to patented items in appearance or functionality may constitute infringement.
Response Strategies:
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Confirmed infringement:
- Acknowledge the violation to Amazon
- Remove listings and inventory
- Contact patent holders for settlement or licensing
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Disputing false claims:
- Document 5+ distinguishing features between your product and the patent
- Present visual comparisons with highlighted differences
- Demonstrate compliance with Amazon policies
II. Prevention Checklist: Proactive Risk Management
To minimize infringement risks, conduct regular audits covering these three areas:
1. Listing Review
- Are registered trademarks, brands, or images used without permission?
- Do images/videos contain unauthorized material?
- Do descriptions include unauthorized trademark graphics/text?
2. Product Examination
- Does product branding infringe existing trademarks?
- Does it incorporate copyrighted characters or designs?
- Does unique functionality/appearance violate existing patents?
- Before expanding to new markets, verify local trademark/patent registrations
3. Packaging Inspection
- Does packaging design infringe registered patents?
- Does packaging display unauthorized trademarks?
III. Practical Recommendations
- Supply chain verification: Confirm supplier legitimacy and obtain brand authorization documents during product selection
- Trademark/patent searches: Research registrations before finalizing products using official databases
- Original content creation: Use self-produced images and original descriptions; avoid competitor brand names in listings
- Regular risk assessments: Periodically review products for potential infringement issues