[Amazon] How to Protect Your Brand Name & Product Listings on Amazon

1. How to Protect Your Brand Name
& Product Listings on Amazon
D r i v i n g U n a u t h o r i z e d S e l l e r s O f f Y o u r A m a z o n L i s t i n g

2. Logistics
Session Recording Will Be Sent out Tomorrow Morning
Q&A Throughout the Presentation
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Today’s Resources
Resources In the Handouts Section to the Right

3. OVERVIEW
• Founded in 2007
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• 300+ Active Retail Clients
• Top 50 fastest growing company in San Diego 3 years
CLIENTS
About CPC Strategy
SOLUTIONS
• Retail-focused Paid Search (PPC)
• Google Shopping Management
• Shopping Channel Management
• Amazon Sales Acceleration

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6. Upcoming CPC Strategy Events
May 23rd - May 25th 11am-12pm (PST)
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7. Today’s Speakers
Pat Petriello
Head of Marketplace Strategy
Kathleen Walker
Co-founder/Managing Partner
Carina McLeod
Ecommerce Management Consultant

8. Poll For The Audience…
Which describes you best?
A. Third Party Reseller
B. Third Party Brand Manufacturer
C. Vendor to Amazon (Access to Vendor Premium Services)
D. Not currently selling on Amazon

9. Overview
• Amazon’s Role in Brand Protection
• How to use Amazon programs to your advantage
• How to Handle Trademark & Copyright Infringements
• How to effectively enforce Amazon MAP
• How brand owners can improve their current brand protection strategies

10. There is No “Silver Bullet”

11. Amazon’s Role in Brand Protection

12. What does Amazon define as a violation?
Amazon Does Not Enforce
Detail Page Ownership and Image Restrictions:
When a detail page is created, it becomes a permanent catalog
page on Amazon.com that will remain even if the creator's
inventory sells out.
Exclusive or Selective Distribution:
Amazon respects a manufacturer's right to enter into exclusive
distribution agreements for its products. However, violations of
such agreements do not constitute intellectual property rights
infringement. As the enforcement of these agreements is a matter
between the manufacturer and the retailers, it would not be
appropriate for Amazon to assist in enforcement activities.
Source: https://www.amazon.com/gp/help/reports/infringement/ref=ag_xx_cont_201165970

13. What role does Amazon play in helping sellers’ protect their brands?
Reporting a Violation
If you believe this seller is offering an item different than advertised,
please contact our Seller Performance Team. Any reports of a possible
violation of the Amazon.com Community Rules and/or Participation
Agreement are handled by our Seller Performance team. You will need to
file a report with the Seller Performance team and provide an Order ID
Number of a test buy that confirms your claim that these sellers are not
offering the item(s) advertised.
Source:
https://sellercentral.amazon.com/gp/help/help.html/?itemID=200444420&ref_=ag_200444420_h_r2_cont_sgsearch

14. Does Amazon assume any liability when a third party seller is
selling counterfeit products?
Amazon Anti-Counterfeiting Policy
Customers trust that they can always buy with confidence on
Amazon.com. Products offered for sale on Amazon.com must be
authentic. The sale of counterfeit products, including any products
that have been illegally replicated, reproduced, or manufactured, is
strictly prohibited.
Source: https://sellercentral.amazon.com/gp/help/help.html/?itemID=201165970&ref_=ag_201165970_a_r1_cont_sgsearch

15. Amazon Brand Registry Program
The Amazon Brand Registry enables you to:
1) Influence the product detail information for your branded
products.
1) List products without UPCs or EANs.
Note: Enrolling a brand in the Brand Registry and registering as the
brand owner does not prevent other sellers from selling the branded
products.
Source: https://sellercentral.amazon.com/gp/help/help-page.html/ref=ag_200955930_cont_scsearch?ie=UTF8&itemID=200955930

16. Amazon Exclusives Program
Program Requirements
You must meet the following requirements for each applicable product:
1) Be the brand owner of the product.
2) Register your brand through the Amazon Brand Registry.
3) Fulfill the product exclusively using FBA.
4) Not sell the product through sales channels other than Amazon
marketplace sites, your own branded websites or your physical
stores.
Brand Presentation/Protection: Amazon will enable video and additional
HTML on your listing pages to help you differentiate your product. In
addition, they will create barriers to protect your brand and listings as your
profile on the platform grows.
Fees: Amazon charges an additional 5% in referral fees.

17. How to Handle Trademark & Copyright
Infringements

18. What is a Trademark?
• “A trademark is a word, phrase, symbol or design, or a combination of words, phrases,
symbols or designs, that identified and distinguishes the source of the goods from one
party from those of others.” www.uspto.gov
• TM: Refers to a mark that is claimed as a trademark, but has not been registered with the
United States Patent and Trademark Office.
• ®: Refers to a mark that has been registered in the United States Trademark and Patent.
• Trademarks are issued in “international classes” by the identify of goods and services that
the trademark will cover. For example, consumer electronics is international class 9.
• Registered Trademarks are good for an initial term of ten years and can be renewed every
ten years in perpetuity as long as the trademark is used in commerce.
• Cost: There are many factors for determining the filing fee for an initial trademark
application. Prices range from $225 to $375 per trademark per class of goods.

19. What is a Copyright?
©
“A form of protection provided by the laws of the United States for ‘original works of authorship,’
including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic,
pictorial, graphic, sculptural, and audiovisual creations. ‘Copyright’ literally means the right to copy
but has come to mean that body of exclusive rights granted by law to copyright owners for
protection of their work. Copyright protection does not extend to any idea, procedure, process,
system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar
symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of
contents or ingredients are not subject to copyright.” www.copyright.gov
Generally, copyrights are good for the life of the author plus 70 years. Copyrights are not
renewable.
Cost: $35 to formally register a copyright with the U.S. Copyright office.

20. What will Amazon enforce?
Generally, Amazon DOES NOT enforce trademarks and copyrights.
● The contract between a seller and Amazon expressly grants Amazon and its affiliates a non-exclusive, worldwide,
royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.
● When a brand creates a detail page, that content becomes a permanent catalog page on Amazon.com and gives
Amazon the right to that content, even if the brand stops selling on Amazon.
https://www.amazon.com/gp/help/reports/infringement

21. When Amazon will enforce copyright & trademark infringement?
1. Amazon will only enforce trademarks and copyrights that have been registered with the United States
Patent and Trademark Office and the United States Copyright Office.
2. Counterfeit Product: If the product the proven to be counterfeit through a test buy. Before Amazon will
remove a counterfeit listing for trademark infringement, the seller must complete the form at
www.amazon.com/gp/help/reports/infringement. The form requires:
a. Amazon.com Order ID of a test buy that confirms the violation.
b. Copy of trademark registration.
c. Proof of purchase for the product’s UPC bar code.
d. Photos of the item(s) received in the test buy.
e. Address, telephone number, and e-mail address.
f. A statement, made under penalty of perjury, that the information in the infringement notice is
accurate, and that the person filing the complaint is the trademark owner or authorized to act on
the trademark owner's behalf.
3. Copyrighted images or text that have not been uploaded on Amazon by the brand – in short, copyrighted
materials that the Amazon is not licensed to use.
4. Mismatched ASIN – if a seller is linking to the brand’s ASIN number, but it is not identical product. To file
an ASIN related complaint, a test buy must be made and the brand must certify that the product purchased
is not the same product assigned the ASIN. If it is counterfeit product, Amazon will remove the listing, if it is
not counterfeit product, then Amazon will require the seller to obtain a separate ASIN for the product.

22. What should brands look for to enforce trademarks and copyrights?
1. Always, always, always review listings and follow the links at the bottom of the listing
showing other sellers if the same product.
2. Engage in test buys of product that looks suspicious – if it is not genuine, Amazon will
remove the listing.
3. Images or text that have been registered with the U.S. Copyright Office that have not been
posted on Amazon by the brand.

23. MAP Enforcement

24. How to handle sellers who are selling below MAP?
Amazon does NOT enforce MAP -- “As the enforcement of these agreements is a matter
between the manufacturer and the retailers,it would not be appropriate for Amazon to
assist in enforcement activities.”
How To Handle Sellers Below MAP
• Contact sellers and request a price change
• Stop selling to sellers who do not abide by MAP
• Make test buys to insure that the product is not counterfeit

25. Efforts brands can take to protect themselves?
• Register trademarks and copyrights for tools to take down infringers
• Restrict the number of distributors selling your product and require distributors to provide
monthly sell-through reports
• Require all resellers to sign an authorized reseller agreement that prohibits resellers from
selling on Amazon and other online marketplaces
• Serialize product allowing a track and trace system from manufacture to consumer
• Monitor online brand presence, not just Amazon, to insure that the brand is not being
counterfeited or its intellectual property (trademarks, patents, copyrights) are not infringed
• Aligroup websites
• Ebay
• DHgate
• Google Shopping
• File lawsuits against counterfeit sellers
• Maintain list of authorized sellers on brand website
• Publicize brand protection efforts

26. How brand owners can improve their
current brand protection strategies

27. Brand Protection Strategies
✅ Trading Agreement Restrictions
✅ Product Controls
✅ Internal Selling Policies
✅ Gray Market

28. Trading Agreement Restrictions
Make it Difficult for Retailers to Sell on Amazon!
• Brand owners can include in the retailer or distribution
agreement a sales restriction.
• A sales restriction should state that sales on third party
websites are not permitted without approval.
• If a retailer or distributor breach the agreement the brand
owner may cut supply and close the account.
• Sales restrictions are resource intensive, they require policing
and making contact with sellers or distributors.
• Unauthorized sellers will continue to appear, regardless of
restrictions.

29. Product Controls
Discover those Sellers in Disguise!
• Sellers can disguise their names making it difficult to identify the
source of supply.
• Brand owners can add serial numbers to identify source of
supply.
• Best to have serial numbers printed on the product or in a place
that makes it difficult for the Seller to remove.
• Brand owner will need to purchase item to identify the serial
number and link it to the retailer or distributor.
• Resource intensive to manage and can be costly if items are of
high value and there are a high number of offenders.
• Commingled inventory can make it difficult to identify the exact
source of supply.

30. Internal Selling Policy
A Brand’s Selling Policy can Influence the No. of Sellers!
• How readily available and easy to purchase is the brand in the
market?
• Brand owners must have a clear plan on who they wish to sell
to e.g. through a distributor or direct to retailers.
• Brand owners must understand the implications of selling to
each channel.
• Selling to distributors can result in loss of control of the brand
and not knowing where or to whom the items are being sold.
• More difficult to identify sellers when supplying to distributors.
• Tighter control selling direct to retailers or consumers but
resource intensive.

31. Gray Market
The Trade of Goods through Distribution Channels that are Legal but
Unintended by Original Manufacturer
• Brand owners that have surplus stock and sell it off in bulk at a
low price to a wholesaler may see more unauthorized sellers
listing their items on Amazon.
• Products on the gray market typically have no warranty, which
customers are not aware of when purchasing on Amazon.
• Sellers purchasing via the gray market will not always respect
MAP and may have little product content.
• Brands must understand the implications of selling via the gray
market. They may want items to disappear but they will often
reappear on Amazon.

32. Best Practice
Be Proactive rather than Reactive!
• Brand owners at initial stages typically are so focused on
growing sales, they don’t implement any brand protection
strategies.
• Once the distribution of the brand is in all stores and is easily
available to unauthorized sellers, they then realize they should
have adopted more restrictions from the start.
• Brand owners will often be reactive dealing with unauthorized
sellers once they have emerged as opposed to proactive
implementing strategies to avoid or reduce them at the start.
• It’s never too late, start implementing strategies now, it may
take more time to clean up but it will help the business in the
long term.

33. Poll For The Audience…
Would you like to schedule some time to speak with one of our Amazon
brand protection specialists?
A. Yes
B. No

34. Questions for the Experts?
Submit your questions in the chat box on the right
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