AF305 - Preventing Intellectual Property Claims on Amazon with Suzie Hixon
Do you know how to protect your brand on Amazon? In this episode of the Amazon Files podcast, host Kristin Ostrander and special guest Suzie Hixon, an IP attorney, discuss the importance of trademarking and brand registry on Amazon. They explain the different types of IP claims that Amazon sellers may face, such as counterfeit-related claims and infringement, and the difference between infringement and policy violations. The most valuable lesson from this podcast is the importance of proactively protecting one's own brand and intellectual property on Amazon, and investing in trademarks as a means of protecting one's business.
Suzie emphasizes the importance of building one's own brand and protecting it as an asset, even if someone is not interested in becoming a household name. She encourages sellers to view trademarking as a business investment, just like setting up an LLC or filing taxes. The speakers also discuss prevention tips for avoiding IP claims on Amazon, such as being careful with images and creating one's own designs instead of copying others. They caution against using other people's images or brand names without permission, as it can lead to policy violations and potential legal issues. Overall, the speakers stressed the importance of being proactive in protecting one's own brand and intellectual property on Amazon to avoid IP claims and potential account jeopardy.
Protecting Your Brand on Amazon: Tips from an IP Attorney
Are you an Amazon seller looking to protect your brand and avoid policy violations? In a recent podcast episode, two experts in intellectual property law provide valuable insights and tips for navigating the complex world of IP claims on Amazon.
Suzie Hixon, the founder of Legally Blist and Advocates, emphasizes the importance of trademarking and brand registry for sellers on Amazon. By creating a trademark and custom packaging, sellers establish an asset that can be sold or redistributed in the future.
The speakers also discuss the different types of IP claims that Amazon sellers may face, such as counterfeit-related claims and infringement. It is important for sellers to be proactive in protecting their own brand and ensuring that they are not infringing on anyone else's brand.
To avoid IP claims on Amazon, the speakers suggest being careful with images and avoiding using other people's marks. They also advise against copying clip art off of platforms like Canva, as it could be subject to copyright protection.
In choosing a trademark for a brand that covers multiple product lines, the speakers advise against being too creative to the point of being unrecognizable or difficult to understand. They suggest finding a unique and distinctive mark that has long-term growth value.
Overall, the speakers stressed the importance of investing in trademarks and intellectual property as a means of protecting one's brand and business. So, if you're an Amazon seller, take the time to protect your brand and avoid policy violations by following these expert tips.
WATCH:
LISTEN:
QUOTE:
"Get your trademark. It doesn't matter what. Don't stress over it. You don't have to. You don't even have to have a logo necessarily. You can just have the wordmark and protect yourself and get moving." - Kristin Ostrander
TIME STAMPS:
Importance of Trademarking and Brand Registry [00:00:59]
Kristen emphasizes the importance of trademarking and brand registry on Amazon, and how it can help sellers protect their business and prevent IP claims.
Types of IP Claims on Amazon [00:06:24]
Susie discusses the different types of IP claims that Amazon sellers may face, such as counterfeit-related claims and infringement.
Difference between Infringement and Policy Violations [00:07:34]
Susie explains the difference between infringement, which is a legal term, and policy violations, which are specific to Amazon's policies and guidelines.
Proactively Protecting Your Trademarks [00:09:41]
The importance of trademarking and brand registry, and the benefits of proactively protecting one's own brand as a seller on Amazon.
Avoiding Infringement of Other People's Trademarks [00:10:13]
The importance of doing a quick and dirty trademark search before using a saying or design, and the potential consequences of violating someone else's trademark.
Enforcing Trademarks [00:16:13]
The obligation of trademark owners to enforce their trademarks, and the challenges of choosing which battles to fight when there is a lot of infringement going on.
Trademarking and Brand Registry [00:17:25]
The speakers discuss the importance of protecting the integrity of a brand, using Nike as an example, and the importance of trademarking and brand registry for Amazon sellers.
Wholesale Bundling and Trademarking [00:19:05]
The speakers discuss the challenges of trademarking when doing wholesale bundling, and the importance of securing one's own trademark for their own gift basket.
Amazon Policies and Enforcement [00:23:40]
The speakers discuss the challenges of navigating Amazon's policies and enforcement, and the importance of being careful when making changes to listings on Amazon.
Counterfeit claims [00:25:31]
Discussion on false counterfeit claims and how to fight them with proper documentation.
Enforcement of trademark in China [00:26:23]
Challenges of enforcing trademark in China and the importance of keeping paperwork and agreements handy.
Prevention tips for IP claims [00:30:42]
Tips for preventing IP claims, including being proactive, not using certain people's marks, and being careful with images. Discussion on the importance of registering copyright and Amazon's responsiveness to copyright claims.
AI-generated images [00:33:38]
Discussion on the use of AI-generated images and the importance of understanding the terms of service and ownership of output.
Copyright and AI-generated content [00:37:04]
Discussion on the evolving technology of AI-generated content and the current law on copyright protection.
Proactively protecting intellectual property [00:40:53]
Importance of proactively protecting one's own intellectual property and developing a valuable asset for longevity.
Building an Asset [00:42:07]
The importance of trademarking and creating a brand as an asset that can be sold or redistributed in the future.
Trademarking and Creating Trademarks [00:45:45]
The speaker's firm helps people with filing trademarks, verifying, and researching. They also specialize in creating trademarks that are both marketable and legally sound.
Marketing vs Legal Perspective [00:48:24]
The importance of finding a sweet spot between marketing and legal perspectives when creating trademarks. The speaker gives examples of trademarks that are great from a legal perspective but not marketable, and vice versa.
Importance of a unique trademark [00:49:22]
The speakers discuss the importance of having a unique and distinctive trademark that is not just for brand registry but also has long-term growth value.
Choosing a general but oddball trademark [00:50:40]
The speakers suggest choosing a trademark that is general but also intriguing, such as "blue bananas," which can be used for a variety of products and can evolve and change as the business grows.
Investing in intellectual property [00:52:00]
The speakers emphasize the importance of investing in intellectual property, including trademarks and brand registry, as a business asset that can be protected and used for future growth.
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