Trademark Protection and Navigating IP Issues for Amazon Sellers: Insights from Yael Cabilly

In this interview between Ed Rosenberg and Yael Cabilly, a reputable trademark lawyer based in Tel Aviv, Israel. Yael specializes in helping Amazon sellers with Intellectual Property (IP) issues. 

Here are the key points from the video:

Trademark Protection:

Yael explains that even small brands can protect their products with trademarks. If another seller lists a product under your trademarked brand, it can be considered trademark infringement. This is because the other seller is using your trademark and potentially misleading consumers.

Trademark Registration:

Registering a trademark can help protect your brand on Amazon. Once you have a registered trademark, you can remove other sellers from your listing within 24 hours. The fastest Yael has seen a trademark get registered in the United States is four months.

Avoiding Infringement:

To avoid trademark and copyright infringement, Yael advises sellers to make sure they are not using someone else’s trademark or copyrighted material (like photos or text). For patents and design patents, it’s more complicated. If you’re copying a product from a known brand, you can search for patents under that brand’s name.

Patent Infringement:

Yael mentions that she has seen Amazon sellers get suspended for patent infringement. If you are infringing on a patent, you have two options: sell the product outside of the country where the patent is registered or reach an agreement with the patent owner to license the patent.

Amazon’s Handling of IP Complaints:

Yael notes that Amazon has started providing more details on IP complaints in the past month. However, she believes Amazon could improve by providing more information, such as the patent or trademark number and the complainant’s details.

View the entire interview for a full coverage of this issue!