Amazon is dedicated to providing customers with the widest selection of goods on Earth and to creating an amazing customer experience. Amazon does not allow listings that violate the intellectual property rights of brands or other rights owners.
This page provides information about intellectual property (IP) rights and common IP concerns that might arise when selling on Amazon. This is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.
A copyright protects original works of authorship, such as videos, movies, songs, books, musicals, video games, paintings, etc. Generally, copyright law is meant to incentivize the creation of original works of authorship for the benefit of the public. To receive copyright protection, a work of authorship must be created by an author, and must have some amount of creativity. If you are the author of an original work, then you typically own the copyright in that work.
A person who authors an original work usually owns the copyright for that work. If you take a photo of your product, you generally have copyright protection in the photo you took, and you can use that photo on your product detail page to sell that product. However, if you find a photo on someone else’s website, you should not upload that photo to a product detail page without the other person’s permission.
Example: The owner of the Pinzon brand took the photos of the sheets shown below and owns the copyright in the images of the sheets. If a seller were to copy these images to sell their product on another product detail page, that seller could be violating the rights owner’s copyright in the images of the sheets.
It is important to make sure that the goods you are selling do not violate a copyright or you could lose your selling privileges and face potential legal consequences.
You might be able to sell someone else’s copyrighted work on Amazon if you have received permission from the copyright owner. You are also generally permitted to resell a genuine, lawfully purchased physical item (such as a book or CD) without permission from the copyright owner.
Example: If you decide to sell a used copy of someone else’s book on Amazon, you are selling someone else’s copyrighted work. You are usually allowed to sell your particular copy of the book without further permission from the copyright owner because Canadian law generally permits the resale of genuine, lawfully purchased items.
A trademark is a word, symbol or design, or a combination of same (such as a brand name or logo) that a company uses to identify its goods or services and to distinguish them from other companies’ goods and services. Put another way, a trademark indicates the source of goods or services. Generally, trademark laws exist to prevent customer confusion about the source of goods or services.
Example: “Amazon” is a trademark we use for many of our goods and services. Other Amazon trademarks contain both pictures and words, such as the “Available at Amazon” trademark.
A trademark owner usually protects a trademark by registering it with a country-specific trademark office (such as the Canadian Intellectual Property Office). In some cases, a person or company might have trademark rights based on only the use of a mark in commerce, even though the mark was never registered with a country-specific trademark office. Those rights are known as “common law” trademark rights and can be more limited.
Generally, trademark law protects sellers of goods and services from customer confusion about who provides, endorses, or is affiliated with particular goods or services. A trademark owner might be able to stop others from using a particular mark, or a confusingly similar mark, if using the mark is likely to cause a customer to be confused about whether the product being sold is the trademark owner’s product.
Trademarks are often displayed on Amazon’s product detail pages in the form of product and brand names listed on a product detail page. For example, the trademark “Pinzon” appears in the brand name or “byline” portion of the product detail page shown below. The “Pinzon” trademark also appears in the product name portion of the product detail page (“Pinzon Flannel Sheet Set – King, Sage”).
Just because you are not the owner of a trademark does not necessarily mean that you cannot sell another company’s product. Usually, the unauthorized use of a trademark in the creation of a detail page is infringing only if it is likely to cause confusion as to the source, endorsement, or affiliation of the goods.
Example: If you are selling a genuine Pinzon sheet set and you are advertising the product as a Pinzon sheet set, you might not be causing confusion as to the source or affiliation of the goods (i.e., Pinzon) and, if not, are not infringing on the Pinzon trademark.
Typically, a seller can use someone else’s trademark in the following
It is important to make sure that the goods you are selling, and the
content of your listings, do not violate a trademark or you could lose your selling
privileges and face potential legal consequences. When you decide to sell goods on
Amazon, ask yourself the following questions:
If you are not sure, you should consult a lawyer,
Counterfeiting is a specific type of trademark infringement. A counterfeit is an unlawful total or partial reproduction of a registered trademark—or a mark that is very similar to a registered trademark—in connection with the sale of a product that does not come from the trademark holder.
Counterfeiting requires the use of a registered trademark on the product or packaging. A look-alike item sold on a separate product detail page without the improper use of a registered trademark is not a counterfeit, even though the item might look similar or identical to the trademarked product.
A patent is a form of legal protection for inventions. An issued patent grants its owner the right to exclude others from making, using, offering to sell, selling, or importing the invention into Canada for a fixed number of years.
There is only one type of patent in Canada, which may be granted for a new machine, product, composition of matter, process, or improvement to any of those, and it generally protects the structure and functions of a product rather than how it looks. This is similar to a Utility patent in the United States.
Canada does not have Design patents, which may be granted in the United States to protect the unique look of a product, but do not cover the structure or functions of a product. However, a similar type of protection may be provided by registering an industrial design in Canada.
A patent is different from a trademark in that it protects an invention (such as a new machine) rather than a word or logo used to identify the source of the product (such as the brand name of the product). A patent is different from a copyright in that it does not protect the expressive content of a creative work like a book or a picture, but protects a specific invention, such as a new method of printing books or a new type of camera.
The manufacturer or distributor of a product might be able to assist you with patent-related issues. If you are unsure whether your content or product violates someone else’s patent, you should consult a lawyer before listing on Amazon.
If you receive a warning for infringement, you will have
several options to appeal or dispute the claim:
If you have received multiple warnings of intellectual property infringement and you believe you are selling authentic products, appeal via your Seller Central account with the following information:
A list of the allegedly infringing
ASINs and at least one of the following:
If your account has been
suspended as a result of rights owners submitting notices of intellectual property
infringement against your products or content, you can provide us with a viable Plan of
Action that includes the following information:
You should send your Plan of Action via your account dashboard or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that Amazon terminates the accounts of repeat infringers in appropriate circumstances.
Sellers are expected to follow the law and Amazon’s policies. Amazon takes claims of intellectual property infringement seriously. Even if a seller is infringing on someone’s intellectual property without knowledge, we will still take action and the seller’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that your business has the right procedures in place to prevent IP infringement.