Trademark Alert: Counterfeiting Tools from Walmart and Amazon

Third-party online marketplaces, such as those operated by Walmart and Amazon, can be efficient and lucrative spaces for brand owners to reach many consumers, which also makes them an attractive target for counterfeiters and counterfeiters, who often attempt to take advantage of goodwill. and consumer recognition of popular brands.

Maybe you’ve recently designed the world’s largest widget or this year’s most requested holiday giveaway. You sell your goods online and the sales are going great. Suddenly, you receive complaints from customers who are not in your sales database, who claim to have purchased defective products bearing your brand.

When you ask to see a photo of the product, you are horrified to find that an unknown third party has created an inferior good that looks a lot like yours and bears your brand. Outraged, you search online and discover that counterfeits are being sold by a counterfeiter in a popular online marketplace. You send a letter of formal notice to the forger, who never responds. Do you have recourse to the third-party market?

If you find that third parties are infringing on your trademarks or selling counterfeit products through Walmart Marketplace, Walmart’s online third-party seller platform, you can use an intellectual property infringement reporting tool offered by Walmart: brand portal.

The Walmart Brand Portal allows brand owners to submit trademark, copyright and patent infringement reports using a streamlined tool that automatically populates certain information that would otherwise have to be entered and retyped with each separate report filed against a counterfeiter.

Brand Portal users can also manage the status of their various complaints through the portal rather than relying solely on email updates, which is especially convenient for brand owners monitoring multiple complaints at once and may already have an overloaded inbox. Once registered on the Brand Portal, a brand owner can grant their attorney access to the portal, so that their attorney can submit intellectual property claims on behalf of the brand owner.

The Amazon Brand Registry is another useful tool that brand owners can use to enforce their brands on the Amazon platform and report fake/counterfeit products. In order to join the Trademark Registry, trademark owners must provide proof of trademark registration for the trademark for which they are seeking protection. If brand owners apply for trademark registration through Amazon IP Accelerator, they can gain access to the trademark registry even before their application is officially registered.

As many brand owners know, fighting intellectual property infringement online doesn’t involve a one-size-fits-all approach. Sometimes trademark owners have to send requests to infringers, sometimes to third parties, sometimes by email, sometimes by post, and sometimes via an online form. The Walmart Brand Portal and Amazon Brand Registry are two effective tools that brand owners can use against infringers on Walmart and Amazon’s third-party seller platforms.

About Debra D. Johnson

Check Also

ViewSonic Introduces Latest Display Technologies and Collaboration Tools for Flexible Learning Environments | New

NEW ORLEANS–(BUSINESS WIRE)–June 27, 2022– ISTE 2022 Booth #648–ViewSonic Corp., a leading global visual solutions …