I just had the opportunity to teach attorneys in the Washington State Bar Association’s Intellectual Property section. We discussed how to use Amazon’s Report Infringement tool, which can be a vital part of a larger IP enforcement strategy. As a former carpenter, I can tell you having the right tools makes your job easier – but only if you know how to use them.
On that note, here is one thing not to do and two things to definitely do if you want to ensure Amazon’s takedown system adds value for your clients.
Best Practices for Reporting IP Infringement on Amazon
- DON’T mix up the types of IP you place in the Violation Report. For example, trademark violations shouldn’t mix with copyright, patent, and other violations.
- DO check Trademark Office records to see if the alleged infringer has other contact information you can use. If you’re an attorney, you also have an ethical obligation to refuse contact with persons you suspect have legal counsel.
- DO (if possible) make sure you make a test purchase to ensure the accused product actually infringes the IP in question. The Infringement Report requires you to swear you have a good-faith belief of infringement. If you’re an attorney, you also have an ethical obligation to not make material misstatements of law or fact.
Amazon’s e-marketplace is rife with sellers offering counterfeit versions of branded goods that violate copyright, trademark, and patent holders’ rights. Fortunately, the tech giant offers a pretty straightforward process for reporting infringement. Make it work for your clients!
