Your intellectual property is important, so if you’ve found a seller on Amazon who copies your branding, steals your patented designs or sells online counterfeits of your product, then it’s time to act. Follow this simple guide, and Red Points can help you report fakes on Amazon and have them removed from the platform.
Step 1 - Know what IP is being infringed on Amazon
Your first step will be to identify exactly what intellectual property (IP) is being infringed. In this section, you'll find a quick distinction between copyright, trademark and counterfeit, and patents. For a more detailed explanation, Amazon has provided a more detailed clarification of legal descriptions.
Copyrights protect original, artistic work. This may include artwork like paintings, books and other written material, videos or movies, songs or musicals, video games, and so on.
A trademark is used by a company to identify the goods and services it provides. It exists as a word, a symbol or design, or a combination of these.
Counterfeiting is a form of trademark infringement, in which products are created as illegal copies of registered trademarks, intended to deceive customers. This does not, however, include replicas or look-alike products, in which the registered trademark is omitted from the product or the packaging.
Patents protect inventions, like new machines or processes.
Step 2: What information to report to Amazon
For reporting all types of infringement
- ASIN (Amazon Standard Identification Number), or the URL of each product you are reporting.
- The brand name
- Personal information, including contact details and address, whether you are the owner of the IP, or an agent representing them.
- Copyright registration number (if possible)
Trademark infringement, or counterfeit products
- Registered Trademark number
- Test buy order number (for counterfeits, and for product/packaging wrongly using your trademark, Amazon may require you to perform a test buy for the product in question).
- Patent number
- Details on court order or International Trade Commission order used to enforce your patent.
- Prepare a description of the IP right you wish to assert
Multiple infringement concerns
- Amazon will require you complete a new form, or set of forms, if the IP infringed upon covers more than a single type of IP from the above list.
Step 3 - File the Amazon infringement report
Now that your have your information prepared, head over to Amazon’s Infringement Report page and fill in all the relevant details. With a bit of luck, the offending items will be removed from Amazon’s marketplace and you can continue to do business unmolested. The process should take less than 3 working days. If you receive no confirmation from Amazon, we recommend filing a second report after this time.
If this guide hasn’t helped you as you’d like, please feel free to contact us at firstname.lastname@example.org, and we’ll be happy to help.
Step 4 - Amazon Brand Registry
Now that your reports have been filed, and you await confirmation from Amazon, Red Points urges IP owners to sign up for the Amazon Brand Registry.
If your brand is registered with a trademark, then this Registry offers a number of benefits.
- It grants far more control of products listed on Amazon to the proper owners of the IP.
- It can help customise product information on the listing
- It lets you streamline ad approval
- It helps remove sellers who infringe upon your IP.
It's very important to protect your IP across all online marketplaces, not just on Amazon. So we offer guides for all the major platforms:
- How to report a seller on eBay.
- How to remove a counterfeit from Aliexpress, Alibaba and 1688.
- How to report a counterfeit on Taobao, TMall and TMall Global.
- How to report intellectual property infringements on Etsy.
We hope this guide has been a useful defence against online counterfeiters. However, counterfeiters don’t give up easily, and are likely to return. If you’ve found counterfeits on Amazon, it’s also likely that your products are being sold on other platforms. Red Points can provide a free scan of online marketplaces and see if your products are being sold elsewhere without your knowledge. If this interests you, please email us at email@example.com and we’ll be happy to talk!
Red Points’ legal disclaimer.
The contents of this publication do not necessarily reflect the position or opinion of Red Points. The services of the Red Points Blog are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IP protection or enforcement all customers are advised to seek independent legal advice.