Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 22, Issue 12
Share on Social
The Results are in on Amazon’s Ambitious Brand Enforcement Technology
Your brand is everything: an identity, a reputation, and a revenue-generating asset. One of the greatest threats to brands comes in the form of counterfeit products. Amazon is one of the largest sellers of fake goods—second only to eBay. In response to widespread criticism regarding the proliferation of fake goods sold via its online marketplaces, Amazon developed initiatives that brand owners can utilize to better protect their brands and that cut down on the sale of counterfeit products. These initiatives include Amazon’s Brand Registry, IP Accelerator, Project Zero, Transparency, and Patent Evaluation Express.
Recently, Amazon published its second annual Brand Protection Report, compiling the results of the various initiatives that were implemented to reduce intellectual property abuse across its site. According to the report, in 2021, Amazon invested more than $900 million and employed more than 12,000 people including machine learning scientists, software developers, and expert investigators who were dedicated to protecting customers, brands, selling partners, and the Amazon storefronts from counterfeit, fraud, and other forms of abuse.
Further, Amazon reported that over 3 million counterfeit products were seized in 2021. The counterfeit products included goods distributed into Amazon’s fulfilment network and those detained via warehouse and facility raids in collaboration with brand owners and law enforcement. Additionally, Amazon’s Counterfeit Crimes Unit increased the number of criminal proceedings that it initiated by 300%, suing or referring more than 600 criminals for investigation by authorities in the United States, China, Europe, and the United Kingdom.
Enrollment in Amazon’s Brand Registry and Project Zero also increased. For instance, the total number of brands enrolled in Brand Registry increased 40% with the number of enrolled brands growing from over 500,000 to over 700,000, and the total number of brands enrolled in Project Zero increased 11% with the number of enrolled brands exceeding 20,000.
It is a positive sign that the initiatives implemented by Amazon to reduce the sale of counterfeit products appear to be making an impact. However, counterfeiting is far too profitable a venture to disappear altogether, and in a global economy where more and more transactions occur via online marketplaces, brand owners must be vigilant to protect their brands. So, for companies that are looking to sell their goods on Amazon, these initiatives are a cost-effective and expedient way to reduce damages that may come from sales of counterfeit goods.
For more information on how to fight counterfeiters on Amazon, see our white paper on the subject.
Published June 17, 2022
Related Content from Fishman Stewart
Recently, we filed an application to register the copyright for Finny the Fish. In the United States, and in many other countries, copyright protection arises at the moment a work is fixed in tangible medium. So, why would we take the extra step to register Finny’s copyright?
With the 2022 midterms (almost) in the rearview mirror, political junkies are now free to turn their full attention to the 2024 presidential election. Today’s focus is on the tug of war that can occur when candidates play music at campaign events.
Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Humans have been making and using musical instruments since at least the Paleolithic age—long before patent systems were put into place to protect inventions.
A trademark lawsuit brought by Vans against MSCHF, a Brooklyn-based art collective behind musician/artist Tyga’s “Wavy Baby” sneaker design.
In June 2022, the newly created Copyright Claims Board (“CCB”) began hearing cases. The claimant Angela Jarman filed an action against Paris Hilton’s company 11:11 Digital for $12,000 in damages for copyright infringement.
Winnie-the-Pooh is in the public domain, and the Hundred Acre Woods will never be the same. Michelle Visser explores the new adaptations of the famous bear; Barbara Mandell speaks to Insider about Kendall Jenner's recent trademark dispute.
The rainbow flag waves high this month as we celebrate LGBTQ+ Pride. Learn about the origins and intellectual property of the colorful flag with attorney Kristyn Webb.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
