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Amazon Brand Protection is Broken: Here’s How to Fix It

By James Thomson and Joseph Hansen

Amazon has brands playing whack-a-mole to address counterfeit issues. It’s time to put down the mallet and adopt a proactive enforcement strategy.

Amazon Brand Protection is Broken: Here’s How to Fix It

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Dr. Jochen M. Schaefer

I have read your article and must say that I do not share your views in a couple of points based on my own professional experience in my capacity as long-term Legal Counsel of the World Federation of the Sporting Goods Industry (WFSGI) and Lawyer in Private Practice: – The contribution states that only trademark owners should be allowed to define who can sell and who cannot. What is neglected in this conclusion is that under the current law regime and the doctrine of exhaustion principle plus from a free trade of goods and services perspective it does not work… Read more »

James Thomson

Replying to Dr. Jochen M. Schaefer

Thank you for your comments, Dr. Schaefer. We are not proposing that brands should outright be allowed to gate any unauthorized sellers, as that would completely change Amazon’s flywheel. Instead, we are looking for ways to reduce problems with products that are highly likely to be counterfeited – today, Amazon already enables certain types of seller gating through its Brand Registry program, while Walmart.com and Target.com require certain restrictive approvals for additional sellers to be able to list items. Yet, Amazon allows sellers with no selling experience to show up with seemingly unlimited amounts of inventory on items that aren’t… Read more »

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