Trademark Infringement for Amazon Sellers
Take Action Now. Stop Unfair Claims. Protect Your Account and Brand.
What Amazon Considers Trademark “Infringement”
The core concept Amazon relies on is the “likelihood of confusion” — a legal standard used to determine whether your listing could make a buyer mistakenly believe your product is associated with a protected brand.
You could be flagged for:
Using a competitor’s brand name in your product title or bullet points
Displaying logos or slogans you don’t own
Designing packaging that mimics a well-known brand
Selling authentic products but failing to prove supply chain legitimacy
Even if you never intended to mislead customers, Amazon may still consider your listing infringing based solely on how it looks or reads. This puts legitimate sellers in the crosshairs and why legal defense is often required to correct the record.
How Trademark Infringement Is Legally Evaluated
When a trademark dispute escalates to court, or when Amazon mimics judicial logic, it draws on the Polaroid test, a multi-factor analysis that determines whether buyers are likely to be confused between two marks.
The eight key factors include:
The strength of the original trademark, such as how recognizable or famous it is
The similarity between the marks, including appearance, sound, and impression
The proximity of the goods, meaning whether the two products are in related categories
Evidence of actual confusion, such as customer complaints or messages
The intent of the alleged infringer, including whether the seller tried to copy the brand
The quality of the alleged infringer’s product, and whether it could damage brand reputation
The sophistication of the buyers, or whether customers are expected to spot the difference
The likelihood that the original brand will expand into your product area
Amazon doesn’t weigh these factors like a judge, but understanding them helps us build legal defenses that speak Amazon’s language – and get your listings reinstated.
Why Sellers Get Flagged — Even When They're Legitimate
You don’t need to copy a logo or steal a brand name to get a complaint filed against you. Common mistakes that lead to Amazon enforcement include:
Mentioning a popular brand in your listing—even as a point of comparison
Using supplier-sent images that include trademarks
Selling authentic products without proper documentation or invoices
Relying on drop shippers who mislabel SKUs or branding
Not updating your listings after prior IP takedowns
In many cases, Amazon doesn’t wait for proof of wrongdoing. They act to protect their own risk exposure—leaving sellers to clean up the mess. That’s where we come in.
Our firm helps sellers proactively remove risky branding, respond to complaints, and structure listings in a way that avoids future problems. For clients already under attack, we build case-specific Plans of Action, invoke the First Sale Doctrine, and when necessary initiate arbitration or litigation.
Legal Services We Provide for Trademark Infringement
Amazon Trademark Infringement Lawyer
If you’ve been hit with a trademark infringement complaint on Amazon, you need more than a seller support ticket, you need a legal strategy. Our firm represents Amazon sellers facing takedowns, suspensions, and false brand accusations.
Whether you’re a reseller protected by the First Sale Doctrine or a private label seller accused of copying another brand, we understand how Amazon enforces trademark policy—and how to fight back. From proactive listing audits to full-scale arbitration, we offer legal solutions tailored to the platform and your business.
We help sellers who:
Got flagged for trademark use in titles, bullets, or images
Are reselling authentic goods but got accused of infringement
Need a legal team to respond fast to Brand Registry complaints
Want to prevent future IP disputes before they escalate
Trademark Infringement Appeals & Plans of Action
Amazon often removes listings based on one-sided reports. We write detailed, evidence-backed Plans of Action that meet Amazon’s internal appeal standards and get your products reinstated. Every letter is written by our legal team, no templates or outsourcing.
Our appeals include:
Custom POAs matched to Amazon enforcement language
Legal defense based on First Sale Doctrine or non-infringement
Documentation support to prove supply chain or product authenticity
Fast response and support if your appeal was previously denied
Unauthorized Seller & Wrongful IP Complaints
You don’t have to violate a trademark to be accused of it. We represent Amazon sellers facing false or retaliatory complaints, especially when competing brands misuse Brand Registry to block legitimate sellers.
We fight back when:
You’re reselling authentic goods and get wrongfully flagged
A brand tries to eliminate competition using IP loopholes
You receive multiple complaints without evidence
Amazon takes action before hearing your side
We Have Experience with All Types of Trademark Infringement
Not every trademark complaint fits neatly into Amazon’s categories and many sellers face multiple overlapping IP issues. Our team has seen every kind of trademark-related claim, and we know how to respond, escalate, and resolve each one effectively.
Whether your issue is common or complex, we’re equipped to help. Additional trademark services we support include:
Logos, Brand Names & Slogans
Help with visual branding violations, design similarity claims, and improper use of trademarked phrases.First Sale Doctrine Defense
Legal protection for resellers offering authentic goods under U.S. trademark law—even when brand owners disagree.
Trademark Infringement FAQ: What You Need to Know
What is “likelihood of confusion”?
It’s the test Amazon and courts use to determine if your product or branding might mislead buyers into thinking it’s affiliated with another brand.
Can I name a brand if I’m not selling their product?
No. Amazon may treat that as an attempt to divert traffic or imply association.
I’m reselling genuine items, why was I flagged?
You may have a valid First Sale Doctrine defense, but Amazon still requires documentation. Our attorneys can assert this defense for you.
Is it possible to remove a trademark complaint?
Yes. We negotiate directly with brands and file appeals to Amazon. In some cases, we escalate the matter through arbitration or litigation.
Ready to Fight Back Against a Trademark Complaint?
Trademark complaints can spiral into full-blown account deactivations. Don’t wait. We offer direct, legally sound solutions to get listings reinstated, resolve open cases, and prevent future complaints.
Here’s what happens next:
Click the button below for a confidential case review
Let our legal team assess your specific situation
Receive a customized defense or appeal strategy
Take back control of your Amazon business
How We Get Your Amazon Sellers Account Reinstated
Step-by-step guidance to get your account reinstated and back in business. Our law firm is designed to provide Amazon sellers with a licensed attorney who can utilize the law to dispute buyer complaints that jeopardize your seller account.
1 THOROUGH ACCOUNT REVIEW
Our services for Amazon sellers start with a deep dive into your seller account, reviewing reports and identifying the real cause of your suspension. A dedicated consultant will discuss findings with you in a follow-up call to clarify the issues.
2 CUSTOM APPEAL CREATION
We draft a tailored Plan of Action specific to your case, addressing Amazon’s concerns. We handle follow-ups and submit additional appeals if needed, all for a flat rate.
3 ACCOUNT REINSTATEMENT & PREVENTION
After reinstating your account, we provide tips to keep it in good standing, helping you avoid future suspensions and keeping your business running smoothly.