News & Insights

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 one of our Intellectual Property experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.