AF291 - Amazon and the Law: IP Claims, Brand Registry, Copyright

Intellectual property violations can get you suspended on Amazon. If you are an Amazon seller or If you have ever received an IP claim on your amazon account or listing you need to watch this video.

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We have a very special guest, Mario Simonyan. He is an Amazon seller turned lawyer and author. He has an extensive and impressive background in creating and selling Amazon private label brands. He specializes in intellectual property law, providing legal services to Amazon third-party brands and sellers just like you and me, and he has recently written a book. 

I want to remind you that last week, we dropped a brand new product called Done-For-You Bundles. If you are interested in applying for a done-for-you bundle, go to mommyincome.com/done4youbundles.

Here is our guest’s story:

He started selling when he was in his second year in law school. He came across a Youtube video 10 years ago, looking for at-home work opportunities, and watched Ryan Daniel Moran. Ryan had a video about doing drop shipping. 

Mario got interested in drop shipping and was always fascinated by importation. He felt it was the perfect opportunity. So, he ordered some products - private label kitchenware, specifically a 3-in-1 avocado cutter/splitter. 

He built a brand and started another brand. By the time he built two brands, he finished law school. He did not get into law yet and enjoyed success in selling and building brands. And then he got married. He saw the perfect intersection between law and Amazon. So now, he represents Amazon third-party sellers, anytime they have issues against the marketplace itself or other competitors who may not be playing fair. 

His specialization in intellectual property:

At a young age, he is interested in business or in helping businesses, so it just seemed that this is a perfect avenue for working with entrepreneurs. 

Intellectual property helps to protect your brand. At any time you are in business, IP is right there whether you realize it or not. Trademarks, copyrights, and patents. We are talking about design patents and utility patents. And trade secrets.

Amazon is becoming a lot more stringent on its branding policies. I keep encouraging everyone to go to their brand registry to get a trademark, to protect themselves. To build a brand is to build an asset. 

A trademark is protecting the reputation of your brand. If you are not getting a trademark to protect your brand name, you are not taking this seriously. What happens in a year or two, to five years, if the business really starts taking off to register it at that time usually becomes a lot more complicated or can get more complicated. I always explain to clients if you are not getting a trademark, you are sort of betting against yourself. 

Intellectual property is a violation. How valid are some of these and the dirty competitors trying to strike against you?

I helped one client because of bogus claims. We took the case to Amazon’s outside law firm, outside attorneys. We dealt with them, some sort of extreme situation where they filed dozens per day violations. We get that competitor suspended with Amazon’s help in the end. A great celebrating client, super excited because he could get back the business and does not have to worry about fighting this other competitor.  

One way to avoid issues with IP is to set up and do bundles. Stay away from big brands. Go to a trade show.

Things we can do to avoid problems:  

• You are in business. One way or another, you may face issues like this and it is okay. It just means that you are playing at a bigger level, a higher level. Make sure you got your own trademark on the Amazon listing. Put your own brand name.
• When people do bundles, they are creating their own trademark, their own trademark brand, and then you are combining products that are meeting a need and solving a problem for the customer. 
• If there is a patent, it should have marked on it, meaning either on the listing it should say patented or patent pending or patent number or on the product itself. I think the main issue that they may face is with trademarks.
• Familiarize yourself with Amazon’s policies and put them in your calendar once a month or once every quarter. Go ahead and check, and see if there are new policies.
• Bundles are meant for customer satisfaction. That is Amazon’s number one thing. Bundles are supposed to be specially curated in research products that meet a need or solve a problem for the customer in a way that also brings more economic packaging. We are using fewer clicks to purchase something when everything is kind of put together. So that is what we are creating value for customers. That is what a wholesale bundle is. It is not a way to get around the rules.
• And if you do not have it, go to mommyincome.com/system.
• That is what you guys need to learn to do all of these things and do them. Do them above aboard. Do them legally. You guys are legitimate business owners. 

• Amazon gives you tax papers at the end of the year. They will give you a 1099 and Amazon does treat you as a professional entrepreneur, as a business owner. They expect you to know what you are doing. And they expect you to take your business seriously because they are going to look at you seriously. 

Our guest, Mario, got a new book. It would launch two weeks ago. It is something that I have been working on for two years now. Finally, got it out, completed it, and it is available on Amazon. The book is On the Corner of IP and Amazon.      

It is about issues you may face on Amazon and how you may be able to resolve it. It is a beginner’s guide to IP. It will give you a nice good headstart. It is an ebook and audible. Available on Amazon kindle, hardcover, paperback.

QUOTE:

“Here at Mommy Income, we do have those trade secrets and how we are teaching people to build what I consider an Amazon brand. I do not want to take this brand to Target or Best Buy or have it be some household name, but I want it to be well represented online on Amazon.” - Kristin Ostrander

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