In recent years, my country's cross-border e-commerce industry has developed rapidly, and the transaction scale has continued to grow significantly. As a leader in cross-border platforms, Amazon has begun to adopt higher and higher protection standards and stricter protection rules for intellectual property rights.
Today's Amazon sellers no longer only care about product selection, operation and sales, but also pay more attention to the protection of intellectual property . On the one hand, it has begun to actively apply for global trademark patents and build an intellectual property moat in advance; on the other hand, it is also necessary to actively carry out rights protection work and regard offense as the best defense. Here, Xiaowei has sorted out four methods for Chinese sellers to protect their rights.
1. Complain through the infringement complaint system that comes with the Amazon platform
①First find the interface URL of Amazon's intellectual property infringement complaint (recommended collection for emergency):
②Log in to the seller's Amazon account and fill out the form. Select the Sellers contact form on the first row .
③ Fill in the details in the form – describe the infringement by answering the questions
④After submitting, you will receive an email from Amazon (firstname.lastname@example.org). The general idea is that Amazon has received your request and will process it within two working days. Once the investigation is completed or other information is required in the follow-up, Amazon will notify you by email.
This is also the easiest way for Amazon sellers to enforce their rights. According to the rules of the Supreme Court of the United States, if the e-commerce sales platform does not deal with the infringement immediately, the platform shall bear the infringement liability. Therefore, platforms such as Amazon and eBay will provide corresponding infringement complaint forms to facilitate complaints of infringement.
2. Send a lawyer's letter directly to the Amazon platform
In addition to helping customers fill out Amazon forms, a lawyer's letter can also be issued by a lawyer with US practice qualifications and sent to Amazon's mailbox.
Due to the participation of practicing lawyers in this way, the cost is often much higher. However, since the content of the Amazon infringement complaint form is cumbersome, time-consuming and labor-intensive, and is often ignored by the platform, this method is more labor-saving and effective.
At the same time as the lawyer's letter is issued, trial purchases should also be arranged in advance, and the other party's infringement evidence should be retained, which will be more helpful for Amazon to make a decision to remove the infringing products from the shelves.
3. Apply to the U.S. Court for a TRO Temporary Restraining Order
Under the circumstance that there is sufficient evidence of infringement by the other party, Amazon sellers can also entrust a lawyer to sue directly in the federal court, so that the court can directly issue a Temporary Restraining Order (TRO).
A TRO is a writ issued by the court to stop the other party's relevant behavior according to the unilateral request of one party without hearing the opinions of the other party.
If cross-border sellers can successfully apply for TRO, they can directly stop the sales of the infringing party's goods, and even the operation of the entire store, which is a very severe and effective blow to the infringing party. This kind of rights protection method needs to be done by professional and experienced American lawyers.
4. Apply to the customs for border detention of infringing products
In addition to the three infringement handling methods mentioned above, we can also recommend that Amazon sellers directly apply to the customs for border detention of infringing products if they can provide sufficient evidence . However, this evidence must be obvious and direct, so that the customs can be convinced that the product is infringing.
Welcome to continue to pay attention to the international intellectual property rights of Zhongwei Zhishu, and share more cross-border intellectual property dry goods knowledge and related policy information in real time.