If you are an e-commerce seller, protecting your brand in the digital marketplace is more critical than ever. In a recent episode of The e-Comm Growth Show, host Dan Coleman sat down with Managing Partner Stanley Ference of Ference & Associates, to unpack how sellers can defend themselves from copycats, counterfeiters and legal pitfalls on platforms like Amazon.
Here are the key takeaways from their insightful conversation regarding protecting your intellectual property.
Do You Really Need a Patent?
While not mandatory, patents give you the legal right to stop others from copying, making or selling your product. Stanley emphasized the time-sensitive nature of patents: in most countries, you must file before publicly disclosing your invention. The U.S. offers a one-year grace period but globally, if you delay, you lose the opportunity—forever.
There are two main types:
- Utility Patents: Protect the function and structure of a product.
- Design Patents: Cover the visual appearance and ornamental design.
And yes, “patent pending” only means the paperwork is filed—you have no enforceable rights until the patent is officially granted, which can take 18–36 months.
What About Trademarks?
Trademarks are vital if you want to participate in Amazon Brand Registry and Transparency. They help prevent unauthorized sellers from hijacking your listing.
Stanley noted:
- U.S. trademarks are based on first use while other countries prioritize first to file.
- Trademarks require maintenance: between years 5–6 after registration, you must submit proof of continued use or risk cancellation.
Pro tip: Use a lawyer for trademarks—they’ll help avoid common application pitfalls and keep track of renewal deadlines.
What If Someone Copies You?
If you find counterfeit versions of your product on Amazon, don’t assume all is lost. Contrary to popular belief, you do have legal options.
Stanley shared stories of clients like:
- Negg® Egg Peeler: This manufacturer lost 80% of sales overnight due to counterfeits but recovered thanks to their registered patent and trademark.
- Orange Screw®: A patented ground anchor that saw sales rebound after knockoffs were removed through legal action.
These clients had built a legal foundation—patents, trademarks and in some cases copyrights—that gave Stanley the “arrows in the quiver” to act swiftly and effectively.
The Role of Copyrights
Many counterfeiters use the brand owner’s exact product photos, packaging design and marketing images. A registered copyright gives you legal grounds to stop this—plus, a seller can register entire sets of product photos at once for a nominal fee.
Without a copyright registration, you can’t sue in federal court. It’s a small step that adds powerful protection.
Online Enforcement: It’s Not Just a Buzzword
“Online enforcement” means leveraging your legal rights to stop infringement on platforms like Amazon. Stanley and his team use tools like:
- Federal court orders to force takedowns
- Freezing infringing sellers’ Amazon payouts
- Pursuing unfair competition and false advertising claims
Amazon often drags its feet when sellers file complaints but it tends to act quickly when presented with a court order.
Negative Reviews and False Claims
What about fake reviews and defamation from competitors? Stanley confirms that you can take legal action if the reviews are false and damaging—especially if they’re part of an orchestrated attack.
Final Thought: Legal Protection is a Long Game
The bottom line? Invest early in your IP protections. A registered patent, trademark and copyright can not only keep you safe but also position your brand for long-term success.