Fair Use of Someone else’s Trademark
Hello Sellers,
I hope everyone had a great weekend! 😄
We've recently seen sellers report cases of trademark infringement, which may qualify as an exception to Amazon's intellectual property policy, as below:
As per Amazon intellectual property policy, sellers can use someone else’s trademark in the following circumstances:
• When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
• When using a trademarked word in its ordinary dictionary, descriptive meaning.
• When selling authentic goods that can be customized by the buyer (that is, print-on-demand) using the seller’s own equipment. For example, a seller prints a custom, personalized message or picture on an authentic “Callaway” golf ball.
I'm working on each of your specific call outs in different threads.
I want to use this discussion exclusively for educational purposes.
How would you explain use of someone else’s trademark policy exemption to the seller who decides to start selling on Amazon?
Feel free to provide examples!
Waiting for your advices 🤓
Thanks,
Julia.
0 replies
Seller_uPuf4V7GDz2aH
I sell car parts and another example of the policy exemption is when describing compatibility.
For example sellers are allowed to say "Brake Discs compatible with Vauxhall Corsa" if a non-Vauxhall part is designed to fit that car. However "Vauxhall Corsa Brake Discs" will not be allowed as it implies they are Vauxhall parts.
Seller_YcVj3IObF7ZOZ
Your IP policy should be clearly programmed in your Auto Bots! to save sellers stress.
Have a look at my case 9687634992 .where your Auto Bots are closing my IP trademark case constantly , despite me dealing with humans who have requested authority to sell which I have supplied and am awaiting a reply from another team !
Seller_KlbXZHzQGSDZv
Hi Julia,
Excellent topic but lets face the elephant in the room. whatever you say Amazons policy is in regard to this it is blatently ignored by whoever set the programming for the search bot that constantly finds issues with items which have been in good standing for years.
The only way your going to half sort this problem is (and Amazon is gonna hate the idea) to introduce a human element to the checks. Find all the one that you want to remove from the listings but just have a human look over them before removing them and have that as there job.
The one doing the rounds at the moment is the word "Brother" yes a perfectly good trademark from a company but removing all the asin with Brother in such as "Happy Birthday Brother mugs" and then when complaining to Su[pport only to be told ah yes thats a trademark issue.
A few years back iirc it was Volkswagon and things like VW haynes Manuels were being pulled.
At the end ogf the day many people just decide not to bother to fight it and Amazon lose money as the sales go elsewhere. It should not be for te seller to prove these are incorrect or agin if your going to do it make it easy to report and have a human really look at it rather than cut and paste a reply saying its a trademark issue.
Also once an asin has been proved correct at a block to it to prevent it being pulle again.
Rant over have a good day.
Seller_sg54Fq7GfBZzn
Well this is interesting isnt it ! As Amazon are unfortunately the worst selling platform when it comes to trademarks.
Fair usage - ok we sell steampunk goggles and they are often called Cyberpunk. They were listed before Cyberpunk even existed as a game.
Cue Amazon bots, wham have 20 violations for using the term Cyberpunk as a descriptor.
So we contacted CD Red Projeckt and their solicitors who sent us a letter saying that they had never asked Amazon to do a takedown and that our listings use of the term Cyberpunk did NOT in anyway infringe on their trademark.
Would Amazon seller support listen ? not a chance. Amazon forced us to remove the term, even though we had proof from the owner this was not an issue.
Seller support didnt want to know.
Its the same as Amazons own policy
"when you make something that is compatible with or for use with a product you can reference it as long as it is described as such, so for example for use with LG mobile phone model 9500i"
WRONG - you will 100 per cent get a violation.
We sell 3D glasses, which are Passive so work with LG 3D Passive tvs.
The title was Ultra - Passive 3D TV Glasses for use with LG and Sony passive 3D tvs.
Wham violation central.
Did seller support want to help ? NOPE, just told remove the term or the violation stays.
Its far from fair, and far from ideal.
Both are perfectly legal and acceptable use of trademarks, but Amazon wont have either
Seller_Fg2fqaWOnEtha
And that is something that it's very very useful to customers, it's important to know that the product you are buying works with something you already have.
Seller_TK2OUpwGNKKsN
Unfortunately, I haven't found a way of "using a trademarked word in its ordinary dictionary, descriptive meaning." it is automatically flagged by I assume 'bots'
When creating an item I used the term 'lush' as in the adjective to describe the product. The detail page was removed because of the Brand 'LUSH'.
I appealed explaining the usage. I even pointed to the manufacturer website where the description also uses the ordinary descriptive meaning. Denied.
Appealed again with further explanation and example. Denied.
Seller_ZJhFeE3tNKzfh
What about this one @Julia_Amzn?
Products removed because amazon seem to think that nike owns the three lions crest
Nike don't own the TM on the England logo - so it would be beneficial to understand why users are being hit with IP complaints on it in relation to NIKE.
While I don't doubt there are some fake items littering the catalogue featuring the England Three Lions logo - there are a large number that are officially endorsed by the FA - but are nothing to do with NIKE.
Seller_EkGoiphKgUnUI
I think it would be helpful to provide us with EXACT TERMS that we can use when contacting Seller Support, as I'm pretty sure that no matter what wording we use, we will likely get the same template responses back...
Thanks for making this post, there are many things we struggle with on Amazon and having posts like this should help us all to overcome some of these hurdles.
Seller_SnOCWghkxvh9k
The message to new sellers is the policy is reasonable and clear BUT Amazon's application of it defies logic. We sell cross stitch kits. One of them is of a picture of a river crossing and is entitled "Ford Way". That's not allowed - we had a violation for it as, according to Amazon , it infringes Ford Motor Company's trademark. No-one looking for anything to do with Ford cars would ever think it did or get confused it would relate to a car. "Ford" is a common word found in the English Dictionary. Despite pointing this out we had no option but to change the title if we wanted to carry on selling it. End result we have no sales of that kit.
Fair Use of Someone else’s Trademark
Hello Sellers,
I hope everyone had a great weekend! 😄
We've recently seen sellers report cases of trademark infringement, which may qualify as an exception to Amazon's intellectual property policy, as below:
As per Amazon intellectual property policy, sellers can use someone else’s trademark in the following circumstances:
• When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
• When using a trademarked word in its ordinary dictionary, descriptive meaning.
• When selling authentic goods that can be customized by the buyer (that is, print-on-demand) using the seller’s own equipment. For example, a seller prints a custom, personalized message or picture on an authentic “Callaway” golf ball.
I'm working on each of your specific call outs in different threads.
I want to use this discussion exclusively for educational purposes.
How would you explain use of someone else’s trademark policy exemption to the seller who decides to start selling on Amazon?
Feel free to provide examples!
Waiting for your advices 🤓
Thanks,
Julia.
Fair Use of Someone else’s Trademark
Hello Sellers,
I hope everyone had a great weekend! 😄
We've recently seen sellers report cases of trademark infringement, which may qualify as an exception to Amazon's intellectual property policy, as below:
As per Amazon intellectual property policy, sellers can use someone else’s trademark in the following circumstances:
• When selling authentic goods, a seller may use a trademarked name to list those authentic goods. For example, a seller who lists an authentic “Pinzon” product is not necessarily infringing on the owner of the Pinzon trademark because the seller is using the trademark to identify an authentic product.
• When using a trademarked word in its ordinary dictionary, descriptive meaning.
• When selling authentic goods that can be customized by the buyer (that is, print-on-demand) using the seller’s own equipment. For example, a seller prints a custom, personalized message or picture on an authentic “Callaway” golf ball.
I'm working on each of your specific call outs in different threads.
I want to use this discussion exclusively for educational purposes.
How would you explain use of someone else’s trademark policy exemption to the seller who decides to start selling on Amazon?
Feel free to provide examples!
Waiting for your advices 🤓
Thanks,
Julia.
0 replies
0 replies
Seller_uPuf4V7GDz2aH
I sell car parts and another example of the policy exemption is when describing compatibility.
For example sellers are allowed to say "Brake Discs compatible with Vauxhall Corsa" if a non-Vauxhall part is designed to fit that car. However "Vauxhall Corsa Brake Discs" will not be allowed as it implies they are Vauxhall parts.
Seller_YcVj3IObF7ZOZ
Your IP policy should be clearly programmed in your Auto Bots! to save sellers stress.
Have a look at my case 9687634992 .where your Auto Bots are closing my IP trademark case constantly , despite me dealing with humans who have requested authority to sell which I have supplied and am awaiting a reply from another team !
Seller_KlbXZHzQGSDZv
Hi Julia,
Excellent topic but lets face the elephant in the room. whatever you say Amazons policy is in regard to this it is blatently ignored by whoever set the programming for the search bot that constantly finds issues with items which have been in good standing for years.
The only way your going to half sort this problem is (and Amazon is gonna hate the idea) to introduce a human element to the checks. Find all the one that you want to remove from the listings but just have a human look over them before removing them and have that as there job.
The one doing the rounds at the moment is the word "Brother" yes a perfectly good trademark from a company but removing all the asin with Brother in such as "Happy Birthday Brother mugs" and then when complaining to Su[pport only to be told ah yes thats a trademark issue.
A few years back iirc it was Volkswagon and things like VW haynes Manuels were being pulled.
At the end ogf the day many people just decide not to bother to fight it and Amazon lose money as the sales go elsewhere. It should not be for te seller to prove these are incorrect or agin if your going to do it make it easy to report and have a human really look at it rather than cut and paste a reply saying its a trademark issue.
Also once an asin has been proved correct at a block to it to prevent it being pulle again.
Rant over have a good day.
Seller_sg54Fq7GfBZzn
Well this is interesting isnt it ! As Amazon are unfortunately the worst selling platform when it comes to trademarks.
Fair usage - ok we sell steampunk goggles and they are often called Cyberpunk. They were listed before Cyberpunk even existed as a game.
Cue Amazon bots, wham have 20 violations for using the term Cyberpunk as a descriptor.
So we contacted CD Red Projeckt and their solicitors who sent us a letter saying that they had never asked Amazon to do a takedown and that our listings use of the term Cyberpunk did NOT in anyway infringe on their trademark.
Would Amazon seller support listen ? not a chance. Amazon forced us to remove the term, even though we had proof from the owner this was not an issue.
Seller support didnt want to know.
Its the same as Amazons own policy
"when you make something that is compatible with or for use with a product you can reference it as long as it is described as such, so for example for use with LG mobile phone model 9500i"
WRONG - you will 100 per cent get a violation.
We sell 3D glasses, which are Passive so work with LG 3D Passive tvs.
The title was Ultra - Passive 3D TV Glasses for use with LG and Sony passive 3D tvs.
Wham violation central.
Did seller support want to help ? NOPE, just told remove the term or the violation stays.
Its far from fair, and far from ideal.
Both are perfectly legal and acceptable use of trademarks, but Amazon wont have either
Seller_Fg2fqaWOnEtha
And that is something that it's very very useful to customers, it's important to know that the product you are buying works with something you already have.
Seller_TK2OUpwGNKKsN
Unfortunately, I haven't found a way of "using a trademarked word in its ordinary dictionary, descriptive meaning." it is automatically flagged by I assume 'bots'
When creating an item I used the term 'lush' as in the adjective to describe the product. The detail page was removed because of the Brand 'LUSH'.
I appealed explaining the usage. I even pointed to the manufacturer website where the description also uses the ordinary descriptive meaning. Denied.
Appealed again with further explanation and example. Denied.
Seller_ZJhFeE3tNKzfh
What about this one @Julia_Amzn?
Products removed because amazon seem to think that nike owns the three lions crest
Nike don't own the TM on the England logo - so it would be beneficial to understand why users are being hit with IP complaints on it in relation to NIKE.
While I don't doubt there are some fake items littering the catalogue featuring the England Three Lions logo - there are a large number that are officially endorsed by the FA - but are nothing to do with NIKE.
Seller_EkGoiphKgUnUI
I think it would be helpful to provide us with EXACT TERMS that we can use when contacting Seller Support, as I'm pretty sure that no matter what wording we use, we will likely get the same template responses back...
Thanks for making this post, there are many things we struggle with on Amazon and having posts like this should help us all to overcome some of these hurdles.
Seller_SnOCWghkxvh9k
The message to new sellers is the policy is reasonable and clear BUT Amazon's application of it defies logic. We sell cross stitch kits. One of them is of a picture of a river crossing and is entitled "Ford Way". That's not allowed - we had a violation for it as, according to Amazon , it infringes Ford Motor Company's trademark. No-one looking for anything to do with Ford cars would ever think it did or get confused it would relate to a car. "Ford" is a common word found in the English Dictionary. Despite pointing this out we had no option but to change the title if we wanted to carry on selling it. End result we have no sales of that kit.
Seller_uPuf4V7GDz2aH
I sell car parts and another example of the policy exemption is when describing compatibility.
For example sellers are allowed to say "Brake Discs compatible with Vauxhall Corsa" if a non-Vauxhall part is designed to fit that car. However "Vauxhall Corsa Brake Discs" will not be allowed as it implies they are Vauxhall parts.
Seller_uPuf4V7GDz2aH
I sell car parts and another example of the policy exemption is when describing compatibility.
For example sellers are allowed to say "Brake Discs compatible with Vauxhall Corsa" if a non-Vauxhall part is designed to fit that car. However "Vauxhall Corsa Brake Discs" will not be allowed as it implies they are Vauxhall parts.
Seller_YcVj3IObF7ZOZ
Your IP policy should be clearly programmed in your Auto Bots! to save sellers stress.
Have a look at my case 9687634992 .where your Auto Bots are closing my IP trademark case constantly , despite me dealing with humans who have requested authority to sell which I have supplied and am awaiting a reply from another team !
Seller_YcVj3IObF7ZOZ
Your IP policy should be clearly programmed in your Auto Bots! to save sellers stress.
Have a look at my case 9687634992 .where your Auto Bots are closing my IP trademark case constantly , despite me dealing with humans who have requested authority to sell which I have supplied and am awaiting a reply from another team !
Seller_KlbXZHzQGSDZv
Hi Julia,
Excellent topic but lets face the elephant in the room. whatever you say Amazons policy is in regard to this it is blatently ignored by whoever set the programming for the search bot that constantly finds issues with items which have been in good standing for years.
The only way your going to half sort this problem is (and Amazon is gonna hate the idea) to introduce a human element to the checks. Find all the one that you want to remove from the listings but just have a human look over them before removing them and have that as there job.
The one doing the rounds at the moment is the word "Brother" yes a perfectly good trademark from a company but removing all the asin with Brother in such as "Happy Birthday Brother mugs" and then when complaining to Su[pport only to be told ah yes thats a trademark issue.
A few years back iirc it was Volkswagon and things like VW haynes Manuels were being pulled.
At the end ogf the day many people just decide not to bother to fight it and Amazon lose money as the sales go elsewhere. It should not be for te seller to prove these are incorrect or agin if your going to do it make it easy to report and have a human really look at it rather than cut and paste a reply saying its a trademark issue.
Also once an asin has been proved correct at a block to it to prevent it being pulle again.
Rant over have a good day.
Seller_KlbXZHzQGSDZv
Hi Julia,
Excellent topic but lets face the elephant in the room. whatever you say Amazons policy is in regard to this it is blatently ignored by whoever set the programming for the search bot that constantly finds issues with items which have been in good standing for years.
The only way your going to half sort this problem is (and Amazon is gonna hate the idea) to introduce a human element to the checks. Find all the one that you want to remove from the listings but just have a human look over them before removing them and have that as there job.
The one doing the rounds at the moment is the word "Brother" yes a perfectly good trademark from a company but removing all the asin with Brother in such as "Happy Birthday Brother mugs" and then when complaining to Su[pport only to be told ah yes thats a trademark issue.
A few years back iirc it was Volkswagon and things like VW haynes Manuels were being pulled.
At the end ogf the day many people just decide not to bother to fight it and Amazon lose money as the sales go elsewhere. It should not be for te seller to prove these are incorrect or agin if your going to do it make it easy to report and have a human really look at it rather than cut and paste a reply saying its a trademark issue.
Also once an asin has been proved correct at a block to it to prevent it being pulle again.
Rant over have a good day.
Seller_sg54Fq7GfBZzn
Well this is interesting isnt it ! As Amazon are unfortunately the worst selling platform when it comes to trademarks.
Fair usage - ok we sell steampunk goggles and they are often called Cyberpunk. They were listed before Cyberpunk even existed as a game.
Cue Amazon bots, wham have 20 violations for using the term Cyberpunk as a descriptor.
So we contacted CD Red Projeckt and their solicitors who sent us a letter saying that they had never asked Amazon to do a takedown and that our listings use of the term Cyberpunk did NOT in anyway infringe on their trademark.
Would Amazon seller support listen ? not a chance. Amazon forced us to remove the term, even though we had proof from the owner this was not an issue.
Seller support didnt want to know.
Its the same as Amazons own policy
"when you make something that is compatible with or for use with a product you can reference it as long as it is described as such, so for example for use with LG mobile phone model 9500i"
WRONG - you will 100 per cent get a violation.
We sell 3D glasses, which are Passive so work with LG 3D Passive tvs.
The title was Ultra - Passive 3D TV Glasses for use with LG and Sony passive 3D tvs.
Wham violation central.
Did seller support want to help ? NOPE, just told remove the term or the violation stays.
Its far from fair, and far from ideal.
Both are perfectly legal and acceptable use of trademarks, but Amazon wont have either
Seller_sg54Fq7GfBZzn
Well this is interesting isnt it ! As Amazon are unfortunately the worst selling platform when it comes to trademarks.
Fair usage - ok we sell steampunk goggles and they are often called Cyberpunk. They were listed before Cyberpunk even existed as a game.
Cue Amazon bots, wham have 20 violations for using the term Cyberpunk as a descriptor.
So we contacted CD Red Projeckt and their solicitors who sent us a letter saying that they had never asked Amazon to do a takedown and that our listings use of the term Cyberpunk did NOT in anyway infringe on their trademark.
Would Amazon seller support listen ? not a chance. Amazon forced us to remove the term, even though we had proof from the owner this was not an issue.
Seller support didnt want to know.
Its the same as Amazons own policy
"when you make something that is compatible with or for use with a product you can reference it as long as it is described as such, so for example for use with LG mobile phone model 9500i"
WRONG - you will 100 per cent get a violation.
We sell 3D glasses, which are Passive so work with LG 3D Passive tvs.
The title was Ultra - Passive 3D TV Glasses for use with LG and Sony passive 3D tvs.
Wham violation central.
Did seller support want to help ? NOPE, just told remove the term or the violation stays.
Its far from fair, and far from ideal.
Both are perfectly legal and acceptable use of trademarks, but Amazon wont have either
Seller_Fg2fqaWOnEtha
And that is something that it's very very useful to customers, it's important to know that the product you are buying works with something you already have.
Seller_Fg2fqaWOnEtha
And that is something that it's very very useful to customers, it's important to know that the product you are buying works with something you already have.
Seller_TK2OUpwGNKKsN
Unfortunately, I haven't found a way of "using a trademarked word in its ordinary dictionary, descriptive meaning." it is automatically flagged by I assume 'bots'
When creating an item I used the term 'lush' as in the adjective to describe the product. The detail page was removed because of the Brand 'LUSH'.
I appealed explaining the usage. I even pointed to the manufacturer website where the description also uses the ordinary descriptive meaning. Denied.
Appealed again with further explanation and example. Denied.
Seller_TK2OUpwGNKKsN
Unfortunately, I haven't found a way of "using a trademarked word in its ordinary dictionary, descriptive meaning." it is automatically flagged by I assume 'bots'
When creating an item I used the term 'lush' as in the adjective to describe the product. The detail page was removed because of the Brand 'LUSH'.
I appealed explaining the usage. I even pointed to the manufacturer website where the description also uses the ordinary descriptive meaning. Denied.
Appealed again with further explanation and example. Denied.
Seller_ZJhFeE3tNKzfh
What about this one @Julia_Amzn?
Products removed because amazon seem to think that nike owns the three lions crest
Nike don't own the TM on the England logo - so it would be beneficial to understand why users are being hit with IP complaints on it in relation to NIKE.
While I don't doubt there are some fake items littering the catalogue featuring the England Three Lions logo - there are a large number that are officially endorsed by the FA - but are nothing to do with NIKE.
Seller_ZJhFeE3tNKzfh
What about this one @Julia_Amzn?
Products removed because amazon seem to think that nike owns the three lions crest
Nike don't own the TM on the England logo - so it would be beneficial to understand why users are being hit with IP complaints on it in relation to NIKE.
While I don't doubt there are some fake items littering the catalogue featuring the England Three Lions logo - there are a large number that are officially endorsed by the FA - but are nothing to do with NIKE.
Seller_EkGoiphKgUnUI
I think it would be helpful to provide us with EXACT TERMS that we can use when contacting Seller Support, as I'm pretty sure that no matter what wording we use, we will likely get the same template responses back...
Thanks for making this post, there are many things we struggle with on Amazon and having posts like this should help us all to overcome some of these hurdles.
Seller_EkGoiphKgUnUI
I think it would be helpful to provide us with EXACT TERMS that we can use when contacting Seller Support, as I'm pretty sure that no matter what wording we use, we will likely get the same template responses back...
Thanks for making this post, there are many things we struggle with on Amazon and having posts like this should help us all to overcome some of these hurdles.
Seller_SnOCWghkxvh9k
The message to new sellers is the policy is reasonable and clear BUT Amazon's application of it defies logic. We sell cross stitch kits. One of them is of a picture of a river crossing and is entitled "Ford Way". That's not allowed - we had a violation for it as, according to Amazon , it infringes Ford Motor Company's trademark. No-one looking for anything to do with Ford cars would ever think it did or get confused it would relate to a car. "Ford" is a common word found in the English Dictionary. Despite pointing this out we had no option but to change the title if we wanted to carry on selling it. End result we have no sales of that kit.
Seller_SnOCWghkxvh9k
The message to new sellers is the policy is reasonable and clear BUT Amazon's application of it defies logic. We sell cross stitch kits. One of them is of a picture of a river crossing and is entitled "Ford Way". That's not allowed - we had a violation for it as, according to Amazon , it infringes Ford Motor Company's trademark. No-one looking for anything to do with Ford cars would ever think it did or get confused it would relate to a car. "Ford" is a common word found in the English Dictionary. Despite pointing this out we had no option but to change the title if we wanted to carry on selling it. End result we have no sales of that kit.
