Former member of the Amazon Seller Services Team, Pat Petriello, and Director of marketing at Market Track, Ryne Misso, will be diving into how brand manufacturers can effectively protect their brands on the Amazon Marketplace.

1. How to Successfully Protect Your
Brand on The Amazon Marketplace
Actionable Steps to Policing Your Brand on the Amazon Marketplace

2. Event Logistics
Join the Conversation: Submit questions and thoughts
Session Recording Will Be Sent out 12/7/16
Event Moderator
Nick Cotter
Marketing Operations Coordinator
Today’s Resources

3. OVERVIEW
• Founded in 2007
• Recognized as an Official Google Shopping Partner
• 350+ Active Retail Clients
• Top 50 fastest growing company in San Diego 4 years
• Recognized as one of the Top 10 best places to work in SD
SOLUTIONS
• Retail-focused Paid Search (PPC)
• Google Shopping Management
• Shopping Channel Management
• Amazon Sales Acceleration
• Facebook Advertising Management
About CPC Strategy
CLIENTS

4. OVERVIEW
• 1,700+ retail, manufacturing, brand, and agency clients
• Operating for over 30 years
Market Track uniquely provides a 360 degree view of
what is impacting shopper decision-making—offering full
visibility and insight into promotional, advertising and
pricing initiatives
SOLUTIONS
• Brand Protection & MAP Services
• Competitive Promotional Intelligence
• Advertising Spend & Creative Intelligence
• Competitive eCommerce Price Tracking
About Market Track

5. Today’s Speakers
Ryne Misso
Director of Marketing
Pat Petriello
Head of Marketplace Strategy

6. © 2016 Market Track. Private and Confidential
66
What we’ll cover
I. The mechanics that make protecting your brand a
continuous effort onAmazon
II. What to watch for when diagnosing infringements of your
trademark, IP, or other brand regulations
III. The importance of infringement validation and prioritization
in brand protection
IV. How measurement helps frame the extent of your brand
protection problems
V. How consistency in enforcement strengthens your brand
policies

7. © 2016 Market Track. Private and Confidential
77
The Mechanics
That make protecting your brand a continuous
effort

8. © 2016 Market Track. Private and Confidential
88
Selling on Amazon is easy…but why?
Fast for the
seller
Cost-
efficient for
the seller
Differentiate
s Amazon
Benefits
Amazon
sales
Can begin selling
immediately
More than 2 million
independent sellers on
Amazon’s marketplace*
Avoid cost of creating
and marketing their
own eCommerce site,
and assistance with
distribution
Third party sellers help
Amazon expand its
inventory and
assortment quickly and
cost effectively
About half of the goods
purchased on Amazon
come from independent
merchants**
*Bloomberg Technology “Amazon Gets Real About Fakes”
**CNBC “Amazon takes counterfeit sellers to court for first time”

9. © 2016 Market Track. Private and Confidential
99
Enforcing on Amazon is more difficult
If a seller has your products but shouldn’t, and their listings are not infringing on
your trademarks, IP, or brand, the only way to enforce is to contact the seller
Sellers may not respond, or may vanish and
resurface under a new name
Nuance onAmazon:
 In a 24 hour period, an enforcer can only send up
to 25 infringement notices from one domain
name

10. © 2016 Market Track. Private and Confidential
1010
Enforcing on Amazon is more difficult
If there is something that is actually
harmful or infringing:
 Portal on Amazon connects you to
their copyright/IP team
 Characterize and submit evidence
on the infringement
But…there are problems
 Lack of consistent communication
 Many of you probably have sent a
note to an Amazon vendor manager
to address a brand protection issue,
yet have never received a reply

11. © 2016 Market Track. Private and Confidential
1111
Ease of selling opens up risk
Even if one seller is enforced on, it is easy
for them to re-emerge under a new seller
name
 Eg. newseller, new-seller, new_seller,
newseller1, etc.
Even authorized sellers may have multiple
seller names under one parent seller
The result can be an endless loop
 Brands report fraudulent listings
 Marketplaces suspend accounts
 Sellers create new accounts, selling the
same fraudulent goods
Identify
Counterfeits
Account
Suspended
New
Fraudulent
Seller

12. © 2016 Market Track. Private and Confidential
1212
Why no longer selling on Amazon is an unattractive option
Amazon is quickly headed
towards leading all of retail,
making the opportunity cost
too high for brands:
 $107 billion net sales in 2015
 304 million worldwide active
customer accounts
 186 million unique monthly
visitors to Amazon sites
 20% year over year revenue
growth
 81% online user reach in the
U.S.
61
84
101
107
183
Target
Walmart
Amazon sites
Most Popular Retail Websites in the
U.S., by Monthly Visitors (in
millions)
$4.83
$10.70
$12.00
$13.48
$79.27
Macy's
Staples
Apple
Walmart
Amazon
Annual eCommerce Sales (in
$billions)

13. © 2016 Market Track. Private and Confidential
1313
TRX Case Study
TRX had been selling the TRX Training System on Amazon since
2008:
 First noticed counterfeits on Amazon in 2013
 Double-edged sword:
• TRX had enjoyed booming sales and reach, in large part thanks to the Amazon
Marketplace. But counterfeiters were cutting into their sales.
 TRX employees searched Amazon daily for fraudulent listings, but new
listings would emerge every day
• TRX estimates counterfeits cost them $100 million/year—twice their annual sales
“We realized this
was an epidemic.”
– Randy Hetrick, TRX
Founder

14. © 2016 Market Track. Private and Confidential
1414
What to Watch For
When diagnosing infringements on your
trademark, IP or brand

15. © 2016 Market Track. Private and Confidential
1515
Understanding your brand
From distribution to brand and pricing policies, understanding
your brand helps you know what to watch for when identifying
infringements on your trademark and/or IP:
 Who is authorized to sell our products?
 How many units have been distributed?
 Where have they been distributed?
 At what price should we be listed?
 What is our MAP schedule? When are promotional periods for our
reseller partners?
 Do we know our current logos/packaging?

16. © 2016 Market Track. Private and Confidential
16
What to watch for – “risk indicators”
Quantities
How many units does the seller
have in stock?
Depth of Discount
Has the seller discounted at
the wrong depth/time?
Price
Is the seller listed within our
pricing policies?
Location
Is the seller based in the US or
abroad?
Subjective Listing Titles
Are your brand and product
names listed accurately?
Inaccurate Branding
Does the seller reflect your
latest logo, branding, and
packaging?

17. © 2016 Market Track. Private and Confidential
1717
Infringement Validation
The importance of prioritizing enforcement

18. © 2016 Market Track. Private and Confidential
1818
Prioritization helps make progress
Even with a great understanding of
their brand, many companies
struggle with trademark and IP
infringement on the Amazon
Marketplace due to limited process
or resources needed to monitor
hundreds of listings continuously
We are seeking infringement
“candidates” based on risk
indicators, helping listings most
likely to be fraudulent to float to
the top, and filtering out listings
that do not show signs of
infringement

19. © 2016 Market Track. Private and Confidential
19
Process for identifying candidates
1,000 total
listings
extracted
430 have over
20 units in
stock
Of those 430,
200 ship from
Asia
Of those 200, 90 are
selling at a deep
discount
90 infringement
“candidates” for
investigation/enforcement
“Candidates” are more
qualified with every risk
indicator they meet. In other
words, the less a listing fits
within your understanding of
your distribution, brand, and
policies, the more likely it is
to be counterfeit or
unauthorized

20. © 2016 Market Track. Private and Confidential
2020
The ideal “candidate”
Subjective Listing Title
Low Listing Price
Ships from China
High Quantity
in Stock
Unauthorized Image

21. © 2016 Market Track. Private and Confidential
2121
Some infringements require visual validation
Listing images provide key
evidence of infringement that
the text and code on the
listing page may not
• Eg. Nikon Lithium Ion
Battery EN-EL9a
• Label seal on the back
of counterfeits is dark in
color
• Dimensions of
counterfeit hologram
seals differ, do not have
four notches

22. © 2016 Market Track. Private and Confidential
2222
Measurement
Understanding the extent of the problem

23. © 2016 Market Track. Private and Confidential
2323
Framing the problem with measurement
Infringements by Category/Product
Infringement Trends
Alerts, dashboards,
reporting and
visualizations help
manage violations and
infringements, as well
as actions against non-
compliant resellers:
• Are we seeing fewer
infringements over
time?
• Which of our
categories/products are
infringed on most?
• By how much are our
pricing policies being
violated?

24. © 2016 Market Track. Private and Confidential
2424
Listing image and detail are key data points
Archive of listing images
provides a library of
evidence to support
infringement claims
Key elements to
enforcing on Amazon:
• Trademark registration
numbers
• Proof of IP ownership
• Comparison listing
images

25. © 2016 Market Track. Private and Confidential
2525
Consistency in enforcement
Strengthening brand policies

26. © 2016 Market Track. Private and Confidential
2626
Key enforcement events in 2016
Leading brands have taken action on Amazon’s Marketplace
in different ways this year
 Birkenstock announced it would cease selling products on Amazon
due to concerns about counterfeits
 Apple Inc. sued an Amazon supplier for selling fake Apple products
 Major League Baseball and the National Football League banned
selling merchandise on third party marketplaces. The MLB said:
“It is our responsibility to provide our fans with reliable and secure
marketplaces to purchase officially licensed merchandise. Given the
rampant growth of online-only retailers supplying counterfeit
merchandise, our policies must hold every distribution partner to
that same level of commitment.”
These are all forms of brand protection and listing
enforcement—brands are removing listings/taking legal

27. © 2016 Market Track. Private and Confidential
2727
The word is out

28. © 2016 Market Track. Private and Confidential
28
Thank you!
Questions

29. © 2016 Market Track. Private and Confidential
2929
For more on protecting your brands online
Compass is a two-day event that brings together industry
insiders and leaders to discuss internal and external
challenges, solutions, and best practices related to online
channel management, brand protection, policy enforcement,
and digital marketing.
Register for Compass 2017 at
markettrack.com/compass