Trademark Infringement is a general problem faced by business owners especially when you are using e-commerce platforms for example Amazon. Amazon marketplace is an ordinary e-commerce platform on which many small businesses have flourished or grown.
Business owners can use the giant Amazon client base and brand loyalty, but some startups might have to deal with copyright issues. In this blog, we are going to inform you how to file a trademark infringement on Amazon and ways to avoid it.
What is Trademark Infringement?
To be able to appeal a trademark infringement on Amazon, you require take a step back and know the basics. Also, before you answer to an Amazon trademark infringement complaint, you need to do an earlier research to guarantee that your complaint isn't unjustifiable, and Amazon won't file a lawsuit for harassment.
Amazon has a unique trademark infringement department that looks into such issues and helps to resolve them. A trademark is the signature design or stamp of a company confirming that it's a product of that company. Amazon has a specific trademark which cannot be reproduced or used unless authorization has been granted.
Trademark infringement stands for an illegal use of that symbol for your products or services without suitable authorization. Furthermore, this includes using an identical mark for products which are also similar. For example, the big brands such as Adidas or Gucci are reproduced as "Adibas" and "Gucci" respectively.
Laws Regarding Trademark Infringement
The government of each country has specific laws devoted towards the infringer based on the proof produced. In each country it is a punishable offence and the company is responsible to a fine:
In the US, if a company finds proof that you used their trademark without permission, you have to attend civil court sessions.
If your company is a part of the Paris convention, then your company is responsible to a fine even when your mark is completely different.
If the owner is not able to establish infringement issues, another party has the authority to do so in some countries.
Talking about the customers, they always answer on the symbol or the mark that they notice on the product. People buying manufactured goods via Amazon always look for that trademark. It is a symbol of quality and trust.
When you are using the Amazon e-commerce platform, you need to get appropriate authorization from Amazon. Or else, you are not supposed to use their trademark or a similar one according to the Lanham Act.
The Act also orders that the third party be responsible to civil action. The Lanham Act says that the use of alike mark for a similar product generates confusion in the consumer's mind. It is not fine for Amazon and the infringer too.
Basis of Amazon Trademark Complaint
There are some factors which are checked in something called "the Polaroid test". Based on these factors, the court determines the measure of confusion created by the third-party seller and the degree of similarity. These factors are also recognized as DuPont factors.
The stability of the trademark and its truthfulness within people.
Comparison between uses of the trademark.
Similarity of goods sold by Amazon and the supplier.
The infringer's causes for using the Amazon's symbol.
Quality of the goods sold by the supplier if they are new or second-hand.
If the product range will be enlarged.
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Amazon Trademark InfringementAction
Trademark Infringement is a general problem faced by business owners especially when you are using e-commerce platforms for example Amazon. Amazon marketplace is an ordinary e-commerce platform on which many small businesses have flourished or grown...