We manufacture Sports Licensed products (we pay for the license to the NFL, MLB...) & sell directly to Amazon Vendor Central.
I would like to remove some 3rd party sellers that are not my customers (or selling on Amazon under unknown names) & they might be selling counterfeit products.
Without going through the Brand Registry program, I believe since these are licensed product it should be easy to have a lawyer contact Amazon & get this done!
Have you reviewed your seller's agreement to see whether you have granted Amazon the right to list 3rd party sellers (of legitimate goods)?
You should have your lawyer deal with this. And tell the sports leagues you buy your license from that these people didn't buy your items and are using their trademarks. They may do the legwork for you. Amazon will not do the legwork for you - someone has to prove it all to them. They are not using your logos, but for example the NFL's - so it is the NFL who would likely have to get involved.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Are you an intellectual property rights owner or an agent of an intellectual property rights owner?
If so you may be able to submit a complaint concerning counterfeit products to Amazon.com.
You should discuss with an intellectual property attorney in a private consultation.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
If I understand you correctly, you are a licensee of NFL trademarks and you sell products on Amazon. There are some third parties that are selling similar products on Amazon, but you are not affiliated with them and you believe that they may be infringing on the NFL trademarks? Is that correct?
Your license agreement with the NFL probably addresses who has the responsibility here. I would contact the licensor and first of all, make sure that these third parties are infringers. You don't want to accuse them of infringing if they are actually licensees as well.
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Legal Disclaimer – Although Taylor J. Howard, Esq. is a entertainment business and intellectual property attorney focused on U.S. and international intellectual property law, the information provided herein is not legal advice. Taylor’s answers to questions online are for general purposes only, are intended as useful information, based solely upon the limited facts stated in the “Askers” posted question, are not to be relied upon as a legal opinion and do not establish an attorney-client relationship. Although effort has been made to ensure that Taylor’s answers are correct, A.E.I. Law, P.C., and Taylor J. Howard, Esq. cannot and do not offer any warranty, express or implied that the answers contained are accurate statements of law.
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