This document discusses strategies for private label brand protection on Amazon. It outlines issues like unauthorized sellers, counterfeiters, and intellectual property infringement. It then describes tools and procedures for protecting trademarks, trade dress, patents, and copyrights. These include identifying hijackers, issuing cease and desist letters, reporting infringement to Amazon, and considering litigation if needed. Specific defenses, Amazon's patent program, and DMCA provisions are also covered. The presentation aims to help brands protect their intellectual property on e-commerce platforms like Amazon.
16. Price Perceived as Extra Profit
Extra Profit
a year,
if selling 10 a day
$29.98 $29 98 cents $3577.00
$29.99 $29 99 cents $3613.50
$29.27 $29 27 cents $985.50
$29.65 $29 65 cents $2372.50
17. Does the Research Lazy to Research
Looks for Deals Gets Bored Looking for Deals
Compares Prices Compares Prices Minimally
Buys slowly, with a lot of thought Buys quickly
Methodical Spontaneous
38. Fighting Hijackers, Infringers, and
Unauthorized Sellers
Suspensions
=
Immediate & Extreme Eviction
⮚ Locked Out of Store
⮚ Hold Inventory
⮚ Hold Money
⮚ Amazon Storage Fees
⮚ Amazon Loan Payments
39.
40.
41. Beating Common Trademark Defenses:
First Sale Doctrine &“Material Difference”
⮚ Lack of Manufacturer Warranty & Quality
Controls
⮚ Product Recall
⮚ Exclusive Packaging
⮚ Copyright Protectable Product Add-Ons
42. Amazon’s “New” Patent Evaluation Program
⮚ Utility Patent Exclusive
⮚ Invitation Only Program
⮚ Third Party Evaluator
⮚ $4000.00 ⮚ Loser Pays
⮚ Improvement
43. Copyright Issues
⮚ DMCA Provisions
⮚ Amazon Acts Quickly
⮚ Must Register to Sue
⮚ Content Removal v. Suspension
44. Litigation:
Further Action Against Infringers
⮚ Litigation
⮚ John Doe (1-100)
⮚ Subpoena – Information from
the Platform
⮚ TRO / Preliminary Injunctions
⮚ Cost Benefit Analysis -
Damages
45. Recap:
⮚ Protect your Brand and IP on Ecommerce Platforms
⮚ Monitor Platform(s) to Identify Issues
⮚ Identify Hijackers
⮚ Try to Amicably Resolve
⮚ Report to the Platform
⮚ Report to the Courts
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