Brand protection vs product protection
Hi,
I’m just trying to understand how brand registry equates to product protection and how brands and products are connected on Amazon.
For example, Hasbro is registered as a brand and they produce many toys and games carrying the Hasbro logo (e.g. Monopoly). If someone starts selling a conterfeit version of Monopoly on Amazon that doesn’t carry the Hasbro logo, would brand registry offer any protection?
My view is that whilst Amazon has carried out numerous checks to ensure that Hasbro, Inc has legal rights over the Hasbro brand, surely Amazon have no visibility of Hasbro’s rights to use the Monopoly name and wouldn’t be in a position to intervene?
Am I missing something? Are all products within a brand also registered, validated and protected by Amazon somehow?
Thanks in advance.
0 replies
Seller_qZO3ZCjoBXEeL
There are two forms of protection, Trademark and Copyright.
Hasbro is a Trademark. Monopoly is also trademarked These protect Hasbro against anyone creating a game and describing it as a Hasbro game or calling it Monopoly.
Additionally elements of the game of Monopoly is protected by copyright. The artwork used in the game for instance is protected by copyright.
It is up to the rights owner to monitor and detect violations of it’s rights. Once notified appropriately Amazon or whomever then need to take action to shut down infringement.
So theoretically if you register your Trademark ownerships with Amazon, then the process of removing infringing items should be easier. It legally isn’t required however to do so. You do not need to register anything with Amazon in order to defend a trademark.
Seller_3nYDEKuPvlpTC
Products go under copyright or design right, names go under trademark right. Amazon does not do any check but they investigate infringement complaints from the owners. Most of big right owners have thier agents to monitor the market on thier behalve and take actions beside buyer complaints for non authentic products.
On Amazon, trademark complaints have more power over copyright complaints
