The rise in counterfeit products and unauthorized sellers makes design patents crucial for protecting your listing and your business. Here’s why they matter:

Without a design patent, competitors can claim that your product infringes on their intellectual property. This can lead to Amazon removing your listing or even suspending your account. Having a patent gives you the legal standing to defend your listing and counter claims.

In the realm of design patent law, the Egyptian Goddess, Inc. v. Swisa, Inc. case set an important precedent. The case helped establish the “ordinary observer” test as the standard for design patent infringement.

Under this test, infringement occurs if, in the eyes of an ordinary observer familiar with the prior art, the design of the accused product is substantially the same as the patented design. The test focuses on whether the resemblance between the two products would deceive the average consumer into thinking they were the same.

This case underscores the importance of visual distinctiveness in design patents and highlights why it’s critical for Amazon sellers to protect their products. If your design closely resembles another, you could face legal challenges or accusations of infringement, leading to potential suspension or removal of your listings.

Example: In Egyptian Goddess, the court ruled that Swisa’s nail buffer did not infringe on Egyptian Goddess’s design because, to an ordinary observer, the designs were not confusingly similar. Sellers can use this precedent to argue their case if their product design is accused of being too similar to a competitor’s.

Creating your own listings and labeling branded items as “Generic” or under your personal brand is a common misbranding issue that can result in a violation in Amazon Brand Registry. For example, listing an Apple iPhone as “Generic” is misleading to customers and violates Amazon’s policies. Even if the product is sourced legally, misrepresenting the brand is prohibited and may trigger enforcement actions from brand owners who have registered their trademarks through Amazon’s Brand Registry program.

Solution: Always list branded products under the correct brand name. If you are reselling branded goods, use the official brand in the listing to avoid potential violation in Amazon Brand Registry issues and maintain compliance with Amazon’s brand protection policies.

Another form of misbranding is when sellers buy products from a recognized brand and apply their own branding without authorization. This is often seen in private labeling, where sellers place their logo on products manufactured by a well-known company. Without proper licensing or registration, this is considered trademark infringement.

Solution: Ensure you are legally authorized to sell a product under your brand. If the product belongs to another brand, it must be listed as such.

Without a registered trademark, it’s difficult to stop unauthorized sellers from hijacking your listings. Brand hijackers may list counterfeit products under legitimate brands, causing account suspensions. With Brand Registry, you can quickly report and remove these infringing listings.

Example: A yoga mat seller faced counterfeit versions of their product listed by hijackers. After registering a trademark and enrolling in Brand Registry, they resolved the issue, protecting their brand integrity and preventing suspension.

Consumers are more likely to trust products that display a registered trademark, as it signals authenticity. On Amazon, where customers face countless choices, a strong, trademarked brand can make the difference between securing a sale or losing it to competitors.

Example: When searching for supplements, customers are more likely to choose a trademarked brand like “PureHealth Organics®” over a generic alternative, confident that it’s legitimate.

A single customer complaint can trigger an inauthentic suspension. Multiple complaints will almost certainly lead to account deactivation. Misunderstandings about product descriptions, dissatisfaction with quality, or inconsistent branding can all prompt customers to report a product as counterfeit.

Example: A seller offering discounted branded cosmetics received complaints due to unfamiliar packaging. Although the products were authentic, the complaints led to an account suspension.

Tip: Make sure your product listings and images accurately reflect what you’re selling. Clarify any packaging variations to avoid customer confusion. Proactive communication and exceptional customer service can prevent complaints from escalating.

Inaccurate product listings are another common reason for suspensions. Using incorrect brand names, inaccurate details, or misusing trademarks can lead to account deactivation.

Example: A seller listed a private-label kitchenware set under a well-known brand, hoping to attract more buyers. Amazon flagged the listing as misleading, which resulted in the seller’s account being deactivated.

Tip: Always ensure your product listings are accurate and don’t misuse trademarks unless you have the proper permissions.