Navigating Amazon Marketplace IP Disputes

Law360 (November 25, 2019, 3:07 PM EST) -- Amazon Marketplace, made up of millions of independent sellers, accounts for the majority of Amazon.com Inc.'s  sales and more than more than 38% of e-commerce sales in the United States. For the past few years, Amazon’s revenue growth generated from the Amazon Marketplace has outpaced revenue growth from Amazon’s own sales.

But growing along with the Amazon Marketplace are intellectual property problems related to the marketplace’s products and product listings: counterfeits, photographs and descriptions copied from third-party websites, trademark misuse and infringement, and products that infringe patents.

Amazon has taken a reactive approach to IP enforcement on the Amazon Marketplace, placing the onus...

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