How to Stop IP Infringement in Online Marketplaces
7th March 2024 by Tiff Elmer
As businesses thrive through online marketplaces, the risk of intellectual property (IP) infringement also increases. It is alarming to see the number of unauthorised reproduction and unlawful distribution of protected products in online marketplaces. This practice damages the reputation and revenue of legitimate businesses and could even cause or result in legal issues. You might be a business owner who has experienced IP infringement or may want to prevent this from happening to your business. We’re here to share some solutions on how to stop IP infringement by sellers on online marketplaces.
Trade Mark Registration
An essential step to protect your brand and products from infringement is to register your trade mark(s) in the territory or territories in which you use them. By registering your business name and logo for example, you are granted various rights over them, providing protection against unauthorised use by others. If you have not yet registered your trade mark, you can start by conducting a trade mark search to ensure it is not already registered and is available. You can then prepare to register you trade mark. Laceys can assist with both searches and any applications to register your mark(s).
Monitor Online Marketplaces
To avoid counterfeit products being sold on online marketplaces, you must be vigilant in monitoring other sellers. The good news is that marketplace platforms like Amazon and eBay have their own policies against fraudulent practices and therefore offer some protection against counterfeit products and unlawful sales. You can report any suspicious activities and infringement practices through their reporting systems. The platform will then investigate and take down the listing.
Enforce Your Rights
If you’ve spotted any infringement of your IP on online marketplaces, you can enforce your rights by contacting the seller directly or the marketplace platform. It would be best to provide evidence, such as your trade mark registration certificate and other relevant documents, to support your claim. If you have a lawyer handling your infringement case, they can send a cease and desist letter in an attempt to stop the infringing activity. If this does not work, your lawyer can discuss alternative and most appropriate next steps to enforce your rights.
Build a Stronger Brand
One effective way to stop IP infringement is to establish a strong brand that is difficult to reproduce and imitate. Invest in developing unique and proprietary technology, product designs, and other distinct intellectual property where possible that would set you apart from your competitors. If you can establish a strong reputation in the market, counterfeiters will have a more challenging time mimicking your branding.
Work with an IP Professional
To help ensure that you are doing everything correctly, you can work with an IP professional. At Laceys we can help your business help reduce the risk of infringement taking place, help protect your brand and take action against infringers as well as helping you navigate the complex legal issues surrounding IP.
IP infringement is not only frustrating but also harmful to your business. By following the above tips, you can put yourself in the best position possible when it comes to online marketplaces.
If you are concerned about IP infringement on online marketplaces, or generally and would like to talk through any of the above points, then please contact us at t.elmer@laceyssolicitors.co.uk or on 01202 377 814.
Tiff Elmer
Solicitor — Corporate and Commercial
Direct dial: 01202 377814
Tiff joined Laceys in July 2021 as a paralegal and qualified as a Solicitor in 2023 deciding to specialise in Corporate and Commercial law. Tiff has relocated back home to Bournemouth after living in Bristol for four years where she completed her LPC at the University of Law, and worked in a large commercial law firm as a trade mark paralegal. Before moving to Bristol, Tiff completed her Law LLB Hons degree at Southampton Solent University in 2016 graduating with a 1st.
Tiff has particular experience in intellectual property law and assists her team to advise a range of businesses in various sectors in relation to intellectual property matters and commercial contracts, and is enjoying expanding her knowledge and skills within the commercial field.
Outside of work Tiff enjoys being outdoors by going for long runs, hikes and paddle boarding around the beautiful South Coast with family and friends.
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