Intellectual Property Disputes On Amazon.com
Is your business on Amazon.com being threatened?
 
We have seen a significant amount of activity in this area.  We have seen a number of situations where a business that started using a trademark on Amazon.com after our client had been using that same trademark on Amazon.com for years are nevertheless interfering with our client's on-line sales activities through Amazon.com.  These later trademark adopters -- referred to as "junior" users in trademark law -- fraudulently go to the United States Patent & Trademark Office ("USPTO"), without giving the USPTO all of the facts, and deceptively snooker the USPTO into awarding the junior user a federal trademark registration on the trademark.

The junior user then files a complaint with Amazon.com and cites its fraudulently-obtained trademark registration.  Amazon.com typically automatically sends you an email notice of the complaint and takes your accused product down from Amazon.com until the junior user issues a retraction.  Contact us to walk you through the evidence you need to collect to fight back against these unscrupulous actors.


You may have a claim for damages for tortious interference with business

If you are selling on Amazon.com you probably already know how damaging these complaints can be to your business.  If a sufficient number of complaints are filed against your Seller ID, you run the risk of being completely kicked off Amazon.com.  Some businesses sole income is through Amazon.com.  So these complaints have the potential of cutting off your entire livelihood.  Contact us and we can advise you whether you have a valid claim for tortious interference with your business, which would subject the junior user to paying damages for the harm they have caused to you.


We can also file a petition to cancel the fraudulent trademark at the USPTO

In those situations where a United States trademark registration was fraudulently obtained by a junior user, we can file a petition with the USPTO to cancel the fraudulent trademark registration.  We can also represent you in federal court litigation to fight back against these fraudsters.  For example, we can file a declaratory judgment action in federal court to obtain a judgment from the court declaring your superior rights, and also to attack the validity of the fraudulent trademark registration.  Legal manuevers such as this can assist you in reaching an agreement with the junior user to file a retraction with Amazon.com.
 
Maybe you're the legitimate IP rights holder
 
We are also experienced in assisting our clients in navigating the Amazon.com dispute process when our client is the one who holds a legitimate registered trademark that is being infringed by a competitor on Amazon.com.  In those situations, where you get pushback from the infringer, contact us to guide you through the process of responding to the infringer and developing a strategy to make sure that your rights are properly enforced.

 
Contact us at no charge to discuss any questions you may have about navigating the dispute process on Amazon.com.