Amazon can offer many opportunities for brand owners, inventors, and content creators.
Whether you sell on Amazon, or have an infringement issue with a seller on Amazon, you must understand the applicable Amazon website terms, and state and federal legal framework.
Private labeling can be an efficient way to maximize and enhance the consumer goodwill of your brand and unlock value.
In order to effectively market and sell private label goods, you should develop a strategy that includes protection for copyrights, trademarks, trade dress, and trade secrets.
Trademark and Copyright Licensing
Trademark and copyright licensing can create a multitude of controlled opportunities for additional revenue streams and exposure.
Licensing agreements can provide brand and content owners with peace of mind through the drafting of contractual terms that set forth specific requirements, results, and resolutions.
Forming a corporate entity to own your intellectual property or handle business can protect you from personal liability.
Without an operating agreement or corporate bylaws in place, a state statute may be used to make business decisions for you. This can significantly impact your legal rights.
A customized plan of action can safeguard the rights of your brand and your business.
Work For Hire Agreements
A work for hire agreement can serve to protect both the creator and the intended owner of content.
Procedural and logistical terms for resolving potential disputes, both common and obscure, should be covered.
In order to preserve your rights, specific assignment language may be necessary. Without the proper language an agreement may not be enforceable.
E-commerce sales platforms can present unique legal concerns that require deliberate and strategic solutions.
Whether you are selling on eBay, Etsy, or your own website, you must be aware of the risks that can arise, and how to mitigate the potential for common legal issues and concerns.
Trademark and Copyright Brand Strategy
A long term brand strategy is imperative in order to provide the highest level of protection to your intellectual property.
A strong brand name, product name, logo, trade dress, or slogan, along with timely registration and monitoring, can maximize revenue generating opportunities and deter against infringement.
Trademark monitoring can deter others from siphoning the goodwill and success that your brand has established in the marketplace.
As a brand and trademark owner, it is your responsibility to monitor the marketplace for potential trademark infringement and take appropriate action.
A contract is similar to a house of cards, and every word should serve a specific purpose.
Terms not included within the ‘four corners’ of a contract cannot be relied upon if enforcement is necessary.
A properly written agreement should address and provide for a means of resolving disputes, rather than cause a dispute itself based upon unclear, conflicting, or missing terminology.
Consumer Products Warranties
A consumer products warranty can serve many purposes, including deterring against infringement.
You should ensure that your consumer products warranty is in compliance with the Magnuson-Moss Warranty Act
Even if you ‘disclaim all warranties of any kind’, you may still be required to provide consumers with the warranty of merchantability and the warranty of fitness for a particular purpose.