A guide for brands and businesses on Amazon facing IP-related issues

Over the past two decades, Amazon has become an essential commerce platform for businesses of all sizes. However, the accessibility and scale of Amazon also introduce vulnerabilities, particularly in relation to intellectual property (IP). 

Your business may encounter product listings on Amazon that infringe your IP rights. Swift removal of such listings is critical. 

Conversely, your listings may be subject to takedown notices from competitors alleging IP infringement, disrupting your sales and operations. Resolving these disputes through platform tools provided by Amazon is often frustrating, as they often only conduct minimal analysis, and outcomes can be inconsistent. Misuse of reporting tools can also expose you to liability. 

In this complex landscape, businesses must understand their IP rights, navigate Amazon’s policies effectively, and respond strategically to infringement scenarios. 

At Murgitroyd, our attorneys assist businesses in managing these challenges. This guide outlines how to respond to takedown notices, address infringing listings, and protect your IP. 

Issuing takedown notices on Amazon  #

Selling products on Amazon can come with its challenges, one of the most common being unauthorised sellers infringing on your intellectual property. If you believe someone is violating your intellectual property rights on Amazon, you can issue a takedown notice to attempt to have the potentially infringing listing removed. 

1. Identifying your IP #

Before preparing the takedown notice, identify the IP that you own.  This will form the basis of the complaint.  Clearly establish the rights you wish to rely on from the outset and provide evidence of the same, for example, a copy of the registration certificate in the case of designs, trade marks and patents, and a copy of the original work if you are relying on copyright. Amazon will require such documentation from the outset to escalate the complaint. 

2. Gather evidence#

Gather evidence pertaining to the listing.  This may include dated printouts of the listing you are concerned about, which clearly demonstrates that your IP is being infringed by the seller.  Organised and clear evidence will strengthen your complaint and minimise delays. 

3. Preparing your takedown notice#

You will be required to upload your documents and provide a concise explanation of why the listing amounts to infringement.  Avoid overly intricate explanations, as this will make it harder for Amazon to consider the takedown notice.  We recommend you involve a trade mark or patent attorney to draft this section to ensure all relevant details are included to help you avoid the risk of making an unjustified threat under UK IP law.

4.  Response from Amazon#

A decision on your notice will usually be issued within a few days of submission. One of three outcomes is likely to occur:

1. The takedown notice is successful, and the listing is removed from the website;
2. The takedown notice is refused, and the seller’s product can continue to be listed;
3. Amazon may ask for further information to better assess the complaint.  

Outcome 3) demonstrates the importance of front-loading the takedown notice with all of the relevant information to ensure that there is no undue delay.  

If your takedown notice is successful, continue to monitor Amazon and other e-commerce platforms, as infringing products are often re-listed elsewhere.  If the issue persists, consider raising formal legal proceedings against the seller.  As this is a complex area of law, we strongly recommend seeking advice from a legal professional

What to do when your product has been delisted on Amazon  #

1. Understanding Amazon delistings  #

Product delistings on Amazon often occur due to IP complaints alleging trade mark, design or patent infringement. These can come from competitors, rights holders, or Amazon’s automated enforcement systems.  A delisting can significantly impact sales and reputation, especially for smaller brands or sellers. 

2. First steps to take when products are removed#

When Amazon delists a product, act promptly. 

• Review the notice carefully. Amazon usually provides a basic reason and refers to the complainant.   
• Preserve all communications and take screenshots.   
• Avoid relisting the product until the issue is fully understood. 

3. Responding to Amazon’s notice  #

Amazon will provide an opportunity to respond through its Seller portal. If the issue involves IP, a clear and factual appeal is essential.  You may need to submit documentation proving ownership of your rights, evidence of a license or your own IP rights, or a non-infringement opinion from a patent attorney, refuting the claim.  Amazon favours objective, legally-grounded responses. 

Notably, responses are not always reviewed manually by the site. Often, responses are handled by automated systems, which may not fully consider the nuances of your situation. This can be frustrating, but it highlights the importance of presenting a clear, well-structured case from the outset and knowing when to escalate the issue or seek legal support.   

If your initial response has not been successful, further steps may be considered, such as escalation within the platform, requesting retraction from the complainant, sending a letter before action, seeking a UK Intellectual Property Office (UKIPO) or Court declaration of non-infringement, an invalidity opinion at the UKIPO, or seeking a Court order for an injunction against possible infringement action threats. 

4. When to involve an IP Attorney  #

If the notice alleges trade mark, design or patent infringement, consulting an IP attorney is essential.  We can assess the legitimacy of the claim, prepare a formal response, and potentially contact Amazon directly.  Acting early can prevent escalation, including account suspension or litigation. 

5. Using IP rights strategically  #

Owning registered IP, such as patents, design registrations, and trade marks, is one of the most effective tools for protecting your products and listings on Amazon. These rights not only allow you to enforce against counterfeiters, but they also strengthen your position in responding to takedowns. 

If your product has been delisted due to an infringement allegation, demonstrating that your product is protected by valid IP rights, can significantly improve your chances of restoring the listing.  

If your product has been unfairly delisted or you’re facing an IP complaint, early legal advice can save time, money, and reputation. Contact Murgitroyd to discuss your options and IP protection strategy for your online business. 

Best IP practices for e-commerce businesses  #

When selling your product on Amazon, as well as other e-commerce platforms, here are some practical tips for protecting your intellectual property. 

1. Register #

The first thing you should do is register your IP. Depending on the product you are going to sell, it might be worth registering a trade mark and/or a design or filing a patent application. If you have a brand name, product name or logo, it might be worth considering filing for a trade mark. This will protect your brand name or logo and discourage others from using it. 

If you have a unique design or unusual shape to your product, it might be worth registering for a registered design. This will protect the look of your product and deter others from copying it. 

If your product is the result of an invention, i.e. it is new and innovative, then consider filing a patent application. This will protect the technical aspects of the product and protects the inventive idea behind the product, not just the look of it. 

All the above IP rights are territorial, so if you plan on registering your IP, it is best to register in the country or territory in which you are planning to sell your product. For quick protection, it is recommended to register a trade mark and/or a design, which are reasonable in cost, as the patent process can be lengthy as well as costly. 

2. Originality #

Secondly, make sure your listing is original. Do not copy other sellers’ photos, pictures, diagrams, wording or titles. You may be liable for copyright infringement. Take your own photos of your product, create your own diagrams and write up your own description for your listing. 

This not only saves you from infringing someone else’s copyright but also provides you with copyright protection for your own work. It is also worth adding a copyright notice to your listing and perhaps adding watermarking to photos to help further deter others from copying. 

 3. E-commerce IP tools #

Each e-commerce platform has its own IP tools to help manage and protect your IP rights while using its platform. It is recommended to register with these tools (if available) to further protect your IP rights, your listing, and your product. 

For example, Amazon has the Amazon Brand Registry tool, which is free to register and only requires a registered trade mark and evidence of ownership. 

More information on the registration for these IP tools, as well as other e-commerce platforms, such as Alibaba, eBay, Facebook (marketplace), TikTok Shop, etc., can be found at Protecting Intellectual Property Rights on e-commerce stores - GOV.UK. 

4. Contact an Attorney #

Finally, it is always recommended to contact an IP attorney if you are looking to protect your IP rights. At Murgitroyd we have a number of patent, trade mark and design attorneys with experience in dealing IP-related issues, so do not hesitate to get in touch.