CALL |+1-844-444-4171 |How to deal with Amazon Trademark Infringement

How to deal with Amazon Trademark Infringement This is a serious crime and you should take appropriate measures to prevent it. Trademark infringement may happen from your side or from your competitors’ side as well.

A trademark is a property of the owner. It could be in the form of a symbol, phrase, or some other device that plays a vital role to distinguish the owner of a product or service. It stands as a quality mark of the particular product or service and plays an important role in buying the decision of the customers.

Most of the people buying from the third-party sellers on Amazon rely on the trademarks. They know that they are buying quality products seeing a trademark. That is why if there is any violation of it, then you will surely get a complaint against you. If you use unauthorized or improper names identical to the one used by another seller, then it will be called trademark infringement on Amazon. It may happen that another seller is using something similar to your trademark to confuse the shoppers, and then also you may fall into the trap.

Trademark is governed by the Federal law and the confusion on the originality is termed as the “likelihood of confusion.” As per the statement in the Lanham Act, “the sellers shall be liable in a civil action to any person that is likely to be damaged by the Amazon marketplace seller or Amazon marketplace reseller’s trademark infringement.”

You need to show the actual damages due to trademark infringement to bring an action under the law. The damage may not be money lost because of the case.

There are certain factors to determine the confusion by a court. These are:

1. The proximity of the products
2. The strength of the plaintiff’s mark
3. The similarity of uses
4. Actual confusion
5. The prior owner may expand into the domain of the other
6. Defendant’s reasons for using the plaintiff’s forbidden/restricted products
7. The sophistication of consumers and
8. Quality of the junior user’s product, such as used sold as new

You don't have to show all of the above-mentioned factors but the potential one that confuses your consumers.

What you should do if you get sued or you sue for trademark violation?

If any person has been sued for trademark violation, then there could be three potential remedies as follows:

1. Injunctive relief: When the court orders someone to follow or not to follow some practice for creating confusion because of false advertising, it is called injunctive relief. It could be a result of a decrease in sales but not make any significant damage to the party.
2. Corrective Advertising: When you cannot prove a damaged sale, you have to show the relationship between a decrease in sales and a competitor’s fake advertisement.
3. Damages: This is the case when there is a significant damage to the consumer because of the false advertisement.

To deal with such cases, you should approach persons who are well versed with the law and order statements and having experience in solving the cases on the violation. It requires deep knowledge to deal with such issues.

For more information related to Trademark Infringement call now +1-844-444-4171 or visit vinteksystem.com