#461 - Counterfeits, Hijackers, & IP Nightmares: Protecting Your Brand on Amazon with Daren Garcia

Counterfeits, hijackers & knockoffs are killing brands. In this episode, learn proven legal tactics and e-commerce strategies to protect your IP, defend your sales, and secure your Amazon business.

Imagine a world where your brand’s value is constantly under threat from unauthorized sellers and counterfeiters. In an era where e-commerce is a competitive battleground, protecting your brand has never been more crucial. Join us as Daren Garcia from Vorys, an international law firm, shares his expertise on the delicate interplay between brand protection and intellectual property strategies in the digital marketplace. Learn what can brands can do to maintain their market presence and integrity.

Navigating the legal maze of e-commerce is no small feat. We explore how giants like Amazon and eBay position themselves as mere facilitators, avoiding accountability for third-party seller actions such as counterfeiting. The episode dives into the nuanced legal concepts like the "first sale doctrine" and how these impact both the brand and the marketplace. Through Daren’s insights, discover the rigorous process of securing trademarks and combating infringement, particularly in challenging terrains like China, while understanding the pivotal role of cease and desist letters in safeguarding your brand.

Brand protection is an ongoing battle, demanding strategic resource management and proactive measures. From securing injunctions to leveraging AI for trademark protection, we unravel the complexities of modern brand defense strategies. Hear stories of entrepreneurs turning adversity into opportunity by innovating within legal confines, and glean valuable lessons on the importance of securing a robust legal framework before enforcing restrictions globally. Whether you're facing the challenges of counterfeits or unauthorized sales, this episode offers actionable insights and expert guidance on how to effectively safeguard your intellectual property in the digital age.

In episode 461 of the AM/PM Podcast, Kevin and Daren discuss:

• 00:00 - Brand Protection Strategies in E-Commerce


• 07:16 - Online Marketplaces and Legal Immunity


• 10:18 - IP Infringement on Online Marketplaces


• 18:23 - Amazon Brand Protection Strategies


• 23:57 - Cease and Desist Misuse


• 27:22 - Brands Asserting Control Over Distribution 


• 27:33 - Combatting Brand Infringement in E-Commerce


• 35:57 - The Importance of IP Protection


• 38:53 - Injunction Process for Brand Protection


• 41:44 - Amazon Listing Sabotage Threats


• 45:22 - Impactful Brand Protection Strategies Through AI


• 48:10 - Brand Protection Strategies on Online Marketplaces


• 53:39 - Impact of AI in Business