Amazon intellectual property policy: Trademarks, copyrights, patents

Being an Amazon seller you will definitely have concerns while facing some Amazon intellectual property policy (IP).

Let’s talk about common IP policy on Amazon and learn more about 3 common types of IP rights:

1. copyrights

2. trademark

3. patents

Amazon intellectual property policy in general

According to Amazon IP policy, while selling on Amazon:

• the seller ‘must comply with all federal, state, and local laws and Amazon policies applicable to your products and product listings.’

• the seller ‘may not violate the IP rights of brands or other rights owners’

And Amazon administration warns: for violating the IP policy, the seller may lose ‘selling privileges’ or may face ‘other legal consequences.’

But the first things first. 

It’s time now to discuss the three main types of IP rights: copyrights, trademark, and patents.

Amazon intellectual property policy: Copyrights

According to Amazon, copyright law protects original works of authorship, such as:

– videos

– movies

– songs

– books

– musicals

– paintings

– video games, etc.

The Digital Millennium Copyright Act (DMCA) is a US law governing the online use of copyrighted material. The DMCA covers copyrights only, not trademarks or patents.

How to receive copyright protection?

To receive copyright protection, your work of authorship must be CREATIVE and ORIGINAL.

For example, you own the copyright of the photo you took for your product listing, but you do not own the copyright of photos or videos you found on someone else’s website. And Amazon prohibits adding such content to your listing if you do not have the copyright holder’s permission.

And here is the most important part. 

When you may use or sell copyrighted works of others?

You may use or sell on Amazon copyrighted works of others ONLY:

– if you have received permission from the copyright owner 

or

– if your use is protected by the “first sale” doctrine. 

The first sale doctrine generally permits the resale of a genuine, legally acquired physical item (e.g. book or CD) without the permission of the copyright holder.

For example: if you decide to sell a second-hand copy of someone else’s book on Amazon, you are selling someone else’s copyrighted work. You are allowed to sell your specific copy of a book without further permission from the copyright holder because the “first sale” doctrine protects the resale of genuine, legally acquired items.

Amazon intellectual property policy: Trademarks

Trademark law prevents customer confusion about the source of goods or services.

According to Amazon, it is a ‘word, symbol, or design, or a combination of the same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services.’

And here Amazon brings its example:

How to protect your trademark? 

To protect your trademark, you, as an owner, register it with a country-specific trademark office (e.g. the US Patent and Trademark Office). 

And sometimes, an individual or legal entity may only have trademark rights based on commercial use of the mark, even if the mark has never been registered with the trademark office. These rights are known as ‘common law’ trademark rights and may be more limited.

Where are trademarks displayed in Amazon listings?

Trademarks are often displayed on Amazon listings as product names and brands listed on the product detail page.

When you don’t need the rights owner’s permission to list the product?

Typically, unauthorized use of a trademark to create a listing is a copyright infringement only if it could confuse the source, approval, or ownership of the goods. 

However, the fact that you do not own the trademark does not mean that you cannot sell another company’s products.

Thus, you don’t need permission:

• When selling original goods, you may use the trademark to list those items. 

• When using the word of the trademark in its usual dictionary meaning.

• When making truthful statements that a product can be used with a trademarked product. E.g, if you sell a cable that can be used with a Kindle e-reader, you can use the trademark ‘Kindle’.

What does counterfeiting mean?

Counterfeiting is the full or partial illegal reproduction of a registered trademark, or a mark very similar to a registered trademark if the product is not being sold from the trademark holder.

A product that looks like or is identical to a trademark is not counterfeit as long as the product is sold on a separate product detail page and does not improperly use the registered trademark.

However, in cases where a registered trademark protects the shape or appearance of the product itself, identical products may be counterfeit even if they do not have a brand name or logo.

Amazon intellectual property policy: Patents

A patent legally protects inventions.

If you have a patent, then you have the right to prevent others from creating, using, offering to sell, selling, or importing an invention into the US for a fixed number of years.

Are there any types of patents?

The US has two principal types of patents: utility patents and design patents.

1. Utility patents may be granted for a new machine, articles of manufacture, the composition of matter, process, or improvement. It protects the structure and functions of a product.

2. Design patents are granted for the original look of a product.

Stay tuned with Amaz.Markets

What to do if your seller account has been suspended because of IP infringement notices? 

This is exactly what we would like to talk about in our next piece. So, see y‘all all next week.

Our team wishes you a happy weekend!