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Legal Issues for Amazon Sellers.
An unprecedented amount of global ecommerce sales occur in the Amazon Marketplace.
Companies of all sizes are developing or refining their Amazon sales strategies, especially if their competitors are selling on the platform. Kronenberger Rosenfeld has represented Amazon Marketplace sellers since the early days of the platform. Over the years the firm has assisted clients to fend off a wide variety of types of intellectual property infringement and various types of false advertising and unfair trade practices of third parties. The firm has also assisted clients in buying and selling Amazon-based businesses. And the firm has assisted clients in developing reseller agreements and MAP policies to give them greater control over third parties selling their products on Amazon.com.
We support clients in developing, registering and enforcing intellectual property rights that will best protect them against unscrupulous competitors. Our firm advises clients on properly marking products with trademark and copyright notices, and avoiding claims of infringement in packaging and marketing. And, of course, our firm conducts clearance searches and files trademark applications for clients, along with offering advice on selecting trademarks that do not conflict with existing trademarks. Additionally, our firm assists in registering our clients' photographs, labeling, product packaging, and marketing materials with the U.S. Copyright Office.
NEGOTIATIONS AND COMPETITOR RESOLUTION
We help clients avoid and minimize disputes through negotiations with domestic and international suppliers, distributors and marketplace managers, as well as competitors. Clients turn to us for legal guidance when competitors infringe their copyrights and trademarks, or sell non-confirming or counterfeit goods on their marketplace listings.
ASSET PURCHASE AGREEMENTS
Buying or selling an Amazon-based business is different than a typical asset purchase transaction in that the ASINs, sales rankings, and reviews may be just as valuable to the buyer as the associated intellectual property or inventory. Because we’ve been working with Amazon-based businesses for years, the firm understands the unique considerations and legal requirements specific to the purchase or sale of such a business. We’ve assisted clients in drafting asset purchase agreements that ensure a smooth transition of everything associated with the seller’s account.
RESELLER AGREEMENTS AND MAP POLICIES
The Right of First Sale Doctrine gives resellers significant protection from infringement allegations if they obtain products lawfully on the open market. This creates frustration for brand owners when some retailers or distributors list the brand owners' products on Amazon for much less than MSRP. Many brand owners feel helpless at their inability to control the pricing of their products on Amazon. However, Kronenberger Rosenfeld has helped brand owners take back some control of their brand, through carefully drafted reseller agreements and MAP (minimum advertised price) policies, coupled with well-thought quality control procedures and brand protection policies that can actually be enforced on Amazon.