In 2023, Amazon removed six million infringing products from its platform. This was the result of the efforts of several departments including the Brand Registry program and the Counterfit Crimes Unit. Amazon has taken an active role in protecting its customers and safeguarding the intellectual property of brands.
“We develop advanced technology, including machine learning models, to identify and stop bad actors and bad listings. We protect brands and customers by constantly developing, investing in, and improving our protections.” - Amazon
The following is a brief timeline covering milestones in the fight for brand protection.
2016 - Brand Registry
In 2016, Amazon made its first major move towards fighting infringing by launching the Brand Registry program to help registered trademark owners protect their IP rights on Amazon’s marketplaces. This program allowed brands to claim products on the platform.
This program provided basic automated protection and allowed Amazon to remove listings that infringed on a brand’s IP before it was published.
To learn more, check out our comprehensive guide to Amazon’s brand registry.
2019 - Project Zero
Project Zero was the next major step forward in fighting Grey Market sellers on the platform. There were three innovations to this program.
1. Inclusion of machine learning to automate the removal of suspected infringing products. Amazon self-reports that Project Zero checks eight billion listings every day.
2. Amazon provided brands with a new tool through their self-service removal system. This allowed brands with a proven track record of accurate reporting to remove infringing listings without having to go through Amazon first.
3. A system of product serialization was introduced. This allowed authenticity at the unit level with brands able to add a unique code to their products. This also addressed issues related to comingled inventory.
2020 - Counterfeit Crimes Unit
The goal of Amazon’s Counterfeit Crimes Unit (CCU) was to bring consumers, brands, and law enforcement together to target major counterfeiting rings. This collection of former federal prosecutors, experienced investigators, and data analysts scored major wins by disrupting three major counterfeiting operations in China. Their investigations lead to a quarter million counterfeit products being seized and several Grey Market operators being detained by local agencies.
2020 - IP Accelerator
Amazon’s next program dramatically decreased the trademark registration process. Previously, acceptance into Brand Registry required a completed trademark registration, but the IP Accelerator allowed businesses to sign up even when their registration was ongoing. Amazon further assisted in this process by connecting brands with trusted law firms that promised to complete trademark registrations within days.
2021 - A-to-Z Guarantee Expansion
Policy updates to the A-to-Z Guarantee brought significant changes for sellers. These updates covered how sellers handle property damage and personal injury claims related to defective products, as well as the requirements for holding product liability insurance.
For products under $1,000, Amazon would act as the intermediary, eliminating the seller's need to reimburse the customer directly. This shift streamlined the process of offering relief for the actions of Grey Market sellers targeting brands.
What Are Brands’ Responsibilities on Amazon?
Brands must take an active role in combating Grey Market sellers on Amazon. While there have been many new tools and programs created by Amazon, the effective usage of those tools necessitates brands to collect and submit high-quality data for successful takedowns.
So what must brands do to ensure they are protected on Amazon?
Register Intellectual Property
Registering trademarks, copyrights, and patents provides the first legal protection against Grey Market sellers. Brands must ensure all registrations are active and complete.
Join Amazon’s Programs
Brands need to be active and participate in all the various programs offered through Amazon.
Strengthen your partnership with Amazon by participating in programs like Brand Registry, Project Zero, and IP Accelerator. Not only will you be provided reporting systems, automated protection mechanisms, and expedited trademark registrations but also you will demonstrate best practices in your commitment to brand protection.
Gather accurate data
An effective brand protection strategy includes monitoring Buy-Box activity, Test-Buying, and tracking seller activities to detect Grey Market sellers. A comprehensive understanding of who, when, and how much your products are being sold for is critical to identifying bad actors and substantiating follow-up actions.
Automated tools offered by Zinc Enforcer provide both Buy-Box and Test-Buy data to identify and substantiate Grey Market seller takedown claims. Learn more here.