Understanding Deeply About Trademark Violations
Trademarks have become an integral part of business activities, especially in e-commerce and dropshipping, especially in Merch by Amazon. In this post, we will discuss the most common trademark violations that merchants may encounter. Please note that this article aims to provide businesses with an overview of trademark information and common trademark violations for educational purposes only. The information provided is based on the practical experience.
What Is The Different Between Trademark & Brand?
Trademarks and brands have often been used interchangeably, causing confusion among many. In simple terms, a brand is a commercial concept representing a company, whereas a trademark is a legal concept that can be a word, phrase, or image used to identify a product or service. A brand encompasses various elements that shape the image of a business and its products, including trademarks, industrial design, communication, advertising, and marketing.
Understanding Trademark Protection
Trademarks are protected under intellectual property laws of individual countries. Any unauthorized use of existing trademarks is considered an infringement and is subject to legal sanctions. It is important to differentiate between trademark registration and copyright registration to grasp the distinction between these two types of protection. If you want to learn more about this difference, we recommend reading our article on “The Difference Between Trademark Registration and Copyright Registration.”
Trademark Violations In Business
The product uses images that resemble or imitate other famous brands’ products or services
For instance, if a product features Mickey Mouse without obtaining proper authorization from Disney, it would be considered a trademark violation. Characters like Donald Duck, Pluto, and others are also registered and owned by Disney in most countries. It is crucial for businesses to clearly define whether their products include images of famous characters. If so, they should consider reaching an agreement with the copyright holders or refrain from using such images.
The product uses slogans, logos, or symbols associated with another company
Similarly, if a product incorporates a logo that is a registered trademark of another company, it would violate trademark policies. For example, Nike’s iconic “swoosh” mark is often counterfeited due to the brand’s popularity in the sports industry. Products featuring the swoosh mark without Nike’s consent would be considered trademark infringement.
The product uses slogans, logos, or symbols associated with government or non-profit organizations?
Using the names, logos, or symbols of renowned non-profit organizations or government entities such as UNESCO, Airforce, or US Army is also considered a trademark violation.
The product includes lyrics or words from songs or poems?
Songs and poems are protected by copyright, and unauthorized use of their lyrics or words. So they would infringe upon the intellectual property rights of the original creators.
The product uses brands that are similar to existing registered trademarks
Some businesses may attempt to capitalize on the popularity of famous brands by using similar names or logos with slight modifications. Placing “fake” brands that imitate well-known trademarks can mislead consumers into purchasing the wrong products.
For example, a product labeled as “Adidos” imitates the famous Adidas brand. Such cases represent trademark violations. Another notable dispute involved two trademarks, 3M in the US and the counterfeit brand 3N in China. Despite some differences, 3N was still required to compensate 3M for the harm. That caused by using a brand that closely resembled the registered trademark.
Where Can I Buy Merch By Amazon Account?
If you’re looking for a place where you can buy Merch by Amazon account with warranty or you already have had account and searching for good niche to start with, you can contact Sonny – founder of website Merch By Amazon For Sale. Sonny is an expert in the field and can provide valuable insights on niche selection and conduct research on your behalf.
In conclusion, understanding trademarks and their protection is essential for businesses engaging in e-commerce. By avoiding trademark violations and ensuring compliance with intellectual property laws, businesses can protect their own brands and avoid legal consequences.
