Practices Amazon Law

Lawyers for the E-Commerce Community on Amazon

Amazon presents tremendous opportunities to online retailers looking to grow their business. Listing your products on Amazon can give you exposure unlike other web-based platforms, but there are trade-offs – the competition from other sellers can be intense, and some retailers engage in unethical practices to gain an advantage. In addition, Amazon imposes rigorous requirements and policies. Navigating these challenges isn’t easy and at times can be quite difficult. When problems arise, Amazon’s commitment to customer service can leave sellers feeling like they are at a disadvantage, but a lawyer familiar in Amazon business matters can help you meet these challenges and succeed, despite all the red tape. 

The growth of eCommerce websites, online sellers, and affiliate marketing has led to a new area of legal practice. Platforms like Amazon have ballooned into more than a place for people to sell their used books. Fueling Amazon’s growth is Fulfillment by Amazon (FBA) – a complete fulfillment solution to warehouse, pack, and ship products to their millions of customers. Today, a seller can be a start-up brand, a Fortune 500 company, or someone selling self-published books.

Amazon’s intricate systems and processes, while a blessing to some, has created astronomical challenges to others. Some leading to legal action, and the birth of a new area of law – “Amazon Law” thereby creating a demand for pioneering lawyers.

What is Amazon FBA?

FBA is a service provided to sellers that allows them to utilize Amazon’s warehouse for storage and shipping. A lot of businesses do not have a physical location. Instead, they market and sell their products directly from Amazon’s website.

Although Amazon provides shipping and customer service, the seller is responsible for their own marketing. However, when issues arise it is seen by the consumer as an Amazon problem and not a seller problem.

Problems arise when some sellers resort to practices referred to as Amazon black hat tactics. These are practices that go against Amazon’s guidelines. When these practices are used it is with the intent of undermining legitimate competitors.

The practice has grown to the point where legitimate accounts are being negatively impacted. Are you an FBA merchant concerned about Amazon account suspension? Let our law firm help.

Ways an Amazon Seller Lawyer at ESQgo®, PC Can Help 

Many sellers don’t realize they need a lawyer until it’s too late. Founder Mario Simonyan built and sold two seven-figure businesses on Amazon before founding ESQgo®, PC. As a result, our firm is uniquely positioned to handle the following types of issues that Amazon retailers may encounter: 

• Intellectual property issues including trademark, copyright, and patent protection. We work with sellers who need intellectual property protection as well as sellers who believe someone else is infringing upon their IP rights. We also help retailers protect their business when another seller claims that they have infringed on their intellectual property. 
• Account suspensions. An account suspension can be a crisis situation for most sellers. We help sellers get their accounts reinstated so that they can move forward with their business. 
• ASIN suspensions. If disputes arise concerning a particular product, Amazon may suspend your ASIN and thereby make it impossible to sell that product, which can result in serious harm to your business. We work with sellers who are dealing with ASIN suspensions to help them get their products reinstated. 
• Competitor disputes. Some Amazon sellers attempt to gain an advantage by filing meritless complaints that undermine your business. We help sellers defend themselves against disputes from other businesses. We also help sellers protect their rights by aggressively pursuing infringements and other claims against other sellers who are taking unfair advantage of Amazon’s policies. 
• Counterfeit claims: In the case of counterfeit claims, the accusation is that the product being sold is not the product being marketed. A counterfeit item is merchandise marketed as one thing but turns out to be something else. Our lawyers can help you protect the integrity of your business. 
• MAP Pricing: A MAP refers to “minimum advertised pricing” which is the lowest price a manufacturer allows a price to be sold for. If the manufacturer receives notification that you are selling below this limit, an Amazon retailer lawyer can represent you in the dispute. 

From protecting your brand with intellectual property rights and responding to unfair competitors to addressing issues you are facing with Amazon, we have the experience you need to get positive results. 

Are You an Amazon Seller or Amazon Vendor?

While some people use these terms interchangeably, there are key differences between these two models of doing business with Amazon. If you are facing a dispute with the company, it is important to know how your business is characterized, as this could have a significant impact on your legal rights and the legal arguments you have available.

What is an Amazon Seller?

An Amazon seller is a company or individual that sells products directly through the Amazon marketplace. Sellers may fulfill orders themselves, rely on Fulfillment by Amazon (FBA), or work with a third-party fulfillment company. In any case, sellers’ customers are the end-users of their products, and sellers earn revenue with each individual online sale.

What is an Amazon Vendor?

An Amazon vendor is a company or individual that sells products to Amazon at wholesale. Amazon then resells these products on its marketplace as the retailer. Vendors may sell products to Amazon for resale under their own proprietary branding, or they may sell products that Amazon resells under its brands like AmazonBasics, Pinzon and Solimo.

Common Issues for Amazon Sellers and Amazon Vendors

Despite the differing nature of their businesses, Amazon sellers and vendors face many of the same issues. For example, they both can (and frequently do) encounter payment issues, and they can both face losing their business in the Amazon marketplace due to decisions that are beyond their control. Sellers and vendors can both face patent and trademark issues with other marketplace participants as well.

But, Amazon sellers also face many challenges not faced by vendors, and vice versa. For example, while sellers have access to a significant amount of data through Seller Central, sellers can still find themselves struggling to confirm whether Amazon is paying them appropriately or properly managing their FBA inventory. Conversely, while sellers are subject to fixed commissions and fees, vendors must renegotiate their contracts with Amazon annually, and Amazon is constantly finding new ways to squeeze its vendors. While being a successful seller is all about finding ways to move up the Amazon algorithm, being a successful vendor is all about maintaining a favorable relationship with the company.

We Represent Amazon Sellers and Amazon Vendors in SynArb®

Given the variety of challenges Amazon sellers and vendors face — combined with the substantial control Amazon exerts over its marketplace — for many sellers and vendors, it is only a matter of time until they run into issues. Our proprietary SynArb® process is specifically designed to help sellers and vendors resolve these issues as quickly, cost-effectively and favorably as possible. Whether your goal is to continue selling on the platform or you are fed up and ready to move on, we can use our experience dealing with Amazon to target your desired outcome in a way that will get the company’s attention.

If you are a seller or vendor and you are facing a dispute with Amazon, do not let the dispute take control of your business. Contact ESQgo® today so our Amazon seller and vendor law firm can use our proprietary SynArb® process to your advantage. 

Why You Should Consider Talking to a Law Firm BEFORE You Have a Problem

When establishing a business on Amazon, there is no one-size-fits-all plan that will meet your needs. Your business is unique and so are your needs. Our lawyers can identify potential issues before they arise, help you understand your options, and provide you with the services you need to get off to the best possible start. 

If you are an established seller, the options available to you when faced with a dispute or other issues are often limited and require that you follow complicated procedures. An experienced attorney can help you protect your Amazon business by successfully navigating Amazon’s requirements and procedures. In short, investing in legal representation is an investment in the future success of your business. 

Contact ESQgo®, PC Today for a Free Consultation

Whether you are a start-up or an established business, we have the knowledge and experience you need to get to the next level. To schedule a free 1 hour consultation, contact us today. We look forward to learning about your needs.