Amazon is essential for many e-commerce retailers β but platform advantages also come with challenges. One of them: infringements. Whether trademark infringement, plagiarism, or unauthorized sale β violations on Amazon can cause serious economic damage. But how can these be calculated and enforced?
In this article, we show you how to document infringements in a legally secure manner, calculate compensation and act efficiently using digital tools β in a practical, understandable and up to date manner.
The term Infringement means an infringement of rights β usually in the form of copyright, trademark or patent law violations. For example, on Amazon, this can take the following forms:
For affected retailers, this can mean not only lost sales, but also damage to their image and complex legal disputes.
In Germany, among other things, the rules include Trademark Act (MarkenG), that Copyright Act (UrhG) as well as that Unfair Competition Act (UWG) the conditions for compensation.
For a claim to exist, the following points must be met:
Three methods of calculation have been established in case law:
Here, it is documented how much revenue was lost as a result of the infringement. Prerequisite: reliable sales figures before and after the infringement.
What would the infringer have had to pay if he had used your brand/product images legally? This method is particularly suitable for images or trademark rights.
This is where it is determined what profit the infringer has made as a result of the sale β this must be published.
Tip: Use digital tools and evaluations β such as traffic, ranking and sales data via Amazon Seller Central or specialized providers β for a well-founded damage assessment.
In a data-driven world, manual collection of evidence can be time-consuming and incomplete. Thankfully, there are specialized solutions that help retailers:
β
Monitoring tools for product pages and brand infringements
β
Documentation of price trends & listings via screenshots and time stamps
β
Analysis of the economic effects of price changes
A particularly powerful tool in the area dynamic pricing and price optimization is Metaprice β it not only helps with repricing, but also provides important information on suspicious price movements through intelligent tracking, which could indicate unauthorized offers. In this way, you can identify potential infringements at an early stage and react in a well-founded manner. π
Screenshots, ASIN links, time stamps and, ideally, an archiving service help to preserve evidence.
Third-party retailers often hide behind pseudonyms. A look at the legal notice or using scraping tools can help.
Amazon offers with the βBrand Registryβ program as well as about the Report Infringement Tool the ability to report violations.
If major economic damage has occurred or is imminent a repetition, it may be useful to involve a specialist lawyer.
Prevention is better than response. These steps help protect yourself from infringements:
Usually within 24-72 hours β provided that the evidence is clear and that you are registered in the Brand Registry program.
Yes, in certain cases β such as with copyrighted images. However, a registered trademark makes law enforcement much easier.
That depends on the amount in dispute. In simple cases, extrajudicial warnings can start at around 300β¬. Many law firms offer package deals for dealers.
A warning with a declaration of cease and desist is usually sufficient. It is only worthwhile to go to court if you refuse.
In addition to Amazon-internal report tools, there are external providers such as Metaprice.io, BrandMonitor or AMZAlert, which specifically analyze product pages, price data and seller movements.
Don't waste time with infringements on Amazon. A single plagiarism can destroy weeks of work. Use smart tools such as Metapriceto react faster, prevent damage and strengthen your brand in the long term. πΌ
Amazon offers great opportunities β but the risks of an unprotected presence are just as great. Anyone who recognizes infringements early on, reacts professionally and uses smart tools not only saves costs, but also secures their market position in e-commerce in the long term. π§©
Stay alert, stay protected β and make consistent use of your rights as a brand owner.
β