Can Amazon Brand Registry Protect Your Business from Counterfeits? - Ep 47
Imagine receiving a one-star review for a product your business never made.
That’s one of the real costs of counterfeiting: someone else makes the sale, while your business deals with the disappointed customer.
In this episode of Elise Explains IP, lawyer and registered trade mark attorney Elise Steegstra explains how Amazon Brand Registry fits into a practical brand protection strategy for Australian businesses.
Using the fictional pet accessories business Harbour & Hound, Elise explores three very different situations: counterfeit products, genuine goods sold outside an authorised distribution network, and competing products with a similar appearance.
In this episode
- How Brand Registry differs from trade mark registration.
- What to check before applying, including ownership, branding and account access.
- Why an unauthorised seller isn’t automatically selling counterfeit stock.
- How Report a Violation and Project Zero fit into the response.
- What evidence to preserve when you discover a suspected fake.
- Why supply contracts, product records and customer communication matter.
- What the J.L. Childress lawsuit illustrates about counterfeit risks for smaller businesses.
The practical takeaway: identify the problem accurately, preserve the evidence and use the reporting route that matches the issue.
Resources
Use the free IP audit to review what your business owns, what needs protecting and where there may be gaps.
For information about working with Elise or booking a strategy call, visit elisesteegstra.com.
Sources and further reading
- Amazon Brand Registry Australia
- Amazon Brand Registry enrolment requirements
- Amazon Report a Violation
- Amazon Project Zero
- Amazon’s announcement of the J.L. Childress lawsuit, 22 October 2020
- IP Australia: parallel imports
- IP Australia: international IP protection
Amazon’s eligibility requirements and tools can change. Check its current country-specific guidance before applying or taking action.
Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.