Trademark Alert – Walmart and Amazon Infringement Tools

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Third-party online marketplaces, such as those operated by Walmart and Amazon, can be effective and lucrative places for brand owners to reach many consumers, which also makes them an attractive target for counterfeiters and infringers, who often try to get the good ones Will to capitalize on and consumer recognition of popular brands.

Maybe you recently designed the best widget in the world or this year’s most requested Christmas present. You sell your goods online and sales are going well. All of a sudden you are receiving complaints from customers who are not in your sales database claiming that they have purchased faulty goods with your brand.

When you ask for a photo of the product, you are horrified to discover that an unknown third party has produced an inferior product that looks very similar to yours and bears your branding. Outraged, you research the internet and discover that the counterfeit goods are being sold by a counterfeiter via a popular online marketplace. They send the counterfeiter a cease and desist letter, which never responds. Do you have recourse to the third-party marketplace?

If you find that third parties are infringing on your trademarks or selling counterfeit goods through Walmart Marketplace — Walmart’s online platform for third-party vendors — you may want to use an intellectual property infringement reporting tool provided by Walmart: the Trademark Portal.

That Walmart Brand Portal enables brand owners to file reports of trademark, copyright and patent infringement and counterfeit goods with a streamlined tool that automatically fills in certain information that would otherwise have to be entered and re-entered with each separate report against an infringer.

Brand Portal users can also manage the status of their various claims through the portal, rather than relying solely on email updates, which is especially handy for brand owners who monitor multiple claims at once and may already have an overburdened email inbox to have. After registering with the Trademark Portal, a trademark owner can grant their attorney access to the portal to allow their attorney to assert intellectual property claims on behalf of the trademark owner.

That Amazon Brand Registry is another helpful tool that allows trademark owners to enforce their trademarks on the Amazon platform and report infringing/counterfeit goods. To join the Trademark Registry, trademark owners must provide proof of trademark registration for the trademark they are seeking protection for. When trademark owners apply for trademark registration through the Amazon IP Accelerator, they can gain access to the trademark registration even before their application is officially registered.

As many brand owners know, fighting intellectual property infringement online does not involve a one-size-fits-all approach. Sometimes trademark owners need to send claims to infringers, sometimes to a third party, sometimes by email, sometimes by letter, and sometimes through an online form. The Walmart Brand Portal and Amazon Brand Registry are two powerful tools that brand owners can use against infringers on the Walmart and Amazon seller platforms.

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