Very few things in this world are quite as frustrating as realizing that someone is using your trademark or patent without authorization. On top of that Amazon does not go out of its way to help IP or trademark owners.
Amazon does have a program for brand owners; it is called Brand Registry. However, that program does nothing to help get unauthorized sellers off of your listing or handle IP infringements. Here are some steps you can take as a brand owner if you Trademark or Patent is being infringed upon. Brand Registry simply allows you to control the product detail page and makes your eligible for GTIN exceptions (if you don’t have a GS1 Barcode). Here is the link to apply for the Brand Registry Program on Amazon (Seller Central login required)
Remember- Amazon will not help you enforce MAP pricing, remove your listing from the catalog, or restrict your listing to only be sold by authorized sellers (unless you are an extremely large brand- or rumor has it- being in the Amazon Exclusives program). The advice given here is specifically for those who are trying to report IP infringements on Amazon.
1. Contact the Seller. Go to the detail page of that item on Amazon. Then click on the name of the seller that you feel is violating your trademark or patent. The sellers name will be next to “Shipped and Sold By.”
Then click the “Ask a Question” box that appears at the top right of the screen. You can then send the seller a message through the Amazon messaging system.
If you have a cease and desist letter that has been prepared by an attorney you can send it through this message. Reminder, never ask them to raise their price. Price collusion is a federal offense. Even a hint of price fixing could put your Amazon selling account into danger.
Some things to remember. If someone purchased your item, even if they are not an unauthorized seller, they still have the right on Amazon to sell your product. That is why it is best to make sure that you control items sold wholesale and through distributors.
We only recommend sending a cease and desist if the seller is violating your patent or trademark. Make sure that you include all of the ASINS that are impacted by the violation.
2. Report the Seller to Amazon
There are three ways that you can report the seller to Amazon.
The first is here- https://www.amazon.com/gp/help/reports/infringement Make sure you read the page in its entirety to make sure that you qualify to use the form. As frustrated as you are now, remember Amazon pushes their staff pretty hard. So clogging up the cue with multiple complaints will not do you any favors.
You can also report the seller as a buyer here https://www.amazon.com/gp/help/contact-us/general-questions.html
The third is as a seller https://sellercentral.amazon.com/hz/contact-us?_encoding=UTF8&*Version*=1&*entries*=0
3. Contact an attorney. However, before you do that try and gather as much information about the seller as possible. Sometimes when you go to message the seller, you will see a name or phone number that you can use to start to identify the infringing party. If that seller has anything that is available in their store for purchase that is not available via Prime, purchase the item and you will now have at least one address that you can start with when you go to take legal action.
If you would like to contact us to see if we can help you with removing the IP or trademark infringment we encourage you to contact us.