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Protecting your brand on Amazon can be a challenge, especially with the increasing presence of counterfeiters and hijackers. In this article, we’ll dive into proactive measures to safeguard your brand, including the Amazon Brand Registry, legal strategies, and best practices for keeping your product listings secure. By following these steps, you can better protect your business from unauthorized sellers and maintain your brand’s reputation and profitability.
The two most common threats brands face on Amazon are counterfeiters and hijackers. Counterfeiters sell imitation products under your listing, often at a lower price, while hijackers sell products under your listing that might not even be counterfeit but are unauthorized. Both types harm your brand’s reputation and customer trust.
Counterfeiters:
These sellers mimic your product, often using low-quality materials to sell cheaper versions. This impacts customer perception, leading to poor reviews and decreased brand loyalty.
Hijackers:
These are typically third-party sellers who “piggyback” on your listing to sell their own (authentic or not) products under your brand’s name.
One of the best ways to protect your brand on Amazon is through the Amazon Brand Registry program. This service is designed to help brand owners secure their listings and defend against counterfeit and unauthorized sales.
Benefits of Amazon Brand Registry:
Access to advanced tools for detecting counterfeit products.
Greater control over your brand’s content and how your products appear on Amazon.
Customizable reports on customer behavior and insights into your brand’s performance.
To join, you’ll need to have a registered trademark in the country where you’re selling. Once registered, Amazon offers several features to help protect your brand:
A+ Content:
Use A+ Content to make your listings look unique, making it harder for counterfeiters to imitate your content.
Brand Analytics:
This tool provides insights into search terms, demographics, and customer behavior, helping you better understand where counterfeiters might infiltrate.
Transparency Program:
Amazon’s Transparency Program involves putting unique codes on each product unit to ensure authenticity.
Project Zero:
Project Zero offers machine-learning tools that automatically detect counterfeits. Brand owners can directly remove counterfeit listings, making it a powerful deterrent.
Investing in trademarks, copyrights, and patents is essential for long-term brand protection. Having a registered trademark enables access to Amazon’s Brand Registry, which gives you control over your listings.
Trademark Your Brand Name and Logo:
Trademarks legally protect your brand name, logo, and any other branding elements that set your product apart.
Copyrighting Product Images and Descriptions:
Copyright protection covers written content and visual assets, making it harder for counterfeiters to duplicate your listings.
Patents for Unique Products:
If your product has unique designs or functionality, consider getting a patent to protect it legally.
Amazon’s Transparency Program helps prevent counterfeiting by adding unique codes to each product. With this code, customers can verify if a product is authentic by scanning it with the Amazon app. This adds a layer of security to your products, and customers gain trust in knowing they’re buying genuine items.
Using Transparency can add costs to production due to code labeling, but the benefits in protecting your brand are often worth it.
Creating a Minimum Advertised Price (MAP) policy can help you maintain consistent pricing, reduce competition from unauthorized sellers, and discourage hijackers.
Communicate your MAP policy to authorized sellers and notify them of potential penalties for non-compliance.
Track prices across Amazon and other platforms to identify violations and act on them promptly.
MAP policies aren’t foolproof, as Amazon doesn’t directly enforce them, but they can help maintain pricing integrity.
For severe or repeated infringements, legal action may be necessary. Amazon takes IP infringement claims seriously, and brands have several options for enforcing their rights.
Sending a cease and desist letter can often stop hijackers and counterfeiters without needing a lengthy legal process.
Amazon’s Intellectual Property (IP) Complaints portal allows brand owners to report violations. Amazon investigates these complaints, often resulting in rapid removal of counterfeit listings.
For repeated offenders, pursuing legal action might be necessary. Document every step of infringement and file with legal authorities if needed.
Consistent auditing of your listings is essential to catch potential threats early. There are multiple methods to stay vigilant:
Use third-party tools to scan for unauthorized sellers, pricing discrepancies, and product changes.
Set aside time weekly or monthly to check for any changes, discrepancies, or unexpected activity on your listings.
Amazon’s Project Zero combines advanced machine learning with brand control over counterfeit removals, enabling brands to eliminate counterfeit listings directly.
This tool empowers brands to remove counterfeit listings themselves, bypassing the need to wait for Amazon’s review.
Project Zero uses Amazon’s machine learning to identify counterfeit listings before they reach the marketplace.
Empowering customers to recognize authentic products can help your brand fight counterfeiters more effectively.
Include unique identifiers, like custom labels or packaging, so customers can recognize real products.
Many brands create dedicated pages on their websites explaining how customers can verify authenticity.
A satisfied customer base is one of your strongest defenses against counterfeiters and hijackers.
Regularly check product reviews for mentions of counterfeit items.
If customers report issues with product quality or authenticity, act quickly to resolve their concerns.
Encourage customers to report suspected counterfeit products to Amazon.
1. What should I do if I find a hijacker on my listing?
Start by reporting the listing through Amazon’s Intellectual Property Complaints portal. You can also send a cease and desist letter to the seller to notify them of the violation.
2. How do I get started with Amazon’s Brand Registry?
To join the Amazon Brand Registry, you’ll need a registered trademark for your brand. Follow Amazon’s application process, and once accepted, you’ll gain access to tools for better listing control.
3. What is the difference between Project Zero and Transparency?
Project Zero uses machine learning to detect counterfeits and gives brands direct counterfeit removal tools, while Transparency involves unique codes on each product, allowing customers to verify authenticity through scanning.
4. Can I enforce a MAP policy on Amazon?
Amazon does not enforce MAP policies, but you can set them for your authorized sellers. Regularly monitor pricing to identify violations and take action accordingly.
5. How effective is sending a cease and desist letter?
Cease and desist letters can be very effective for first-time offenders or sellers who are unaware of the infringement. However, repeat offenders may require further legal action.
6. Is legal action necessary to stop counterfeiters?
Legal action can be helpful, especially against persistent offenders, but often Amazon’s IP Complaints system or Project Zero tools can address the issue without litigation.
Protecting your brand from counterfeiters and hijackers on Amazon requires a proactive approach, combining Amazon’s built-in tools with legal strategies and customer education. By utilizing resources like the Amazon Brand Registry, Project Zero, and Transparency, you can secure your brand, enhance customer trust, and maintain a positive reputation. Remember, consistent monitoring, customer engagement, and regular audits are essential to staying one step ahead of potential threats.
