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Mark Rosenberg Authors Law360 Article on Amazon Patent Evaluation Program

November 25, 2019

Intellectual Property partner and co-chair of the Reputation Management practice Mark Rosenberg authored an article featured in Law360 titled, “Navigating Amazon Marketplace IP Disputes.” In the article, Mark focuses on Amazon’s evolved processes, procedures and issues for IP disputes arising from the Amazon Marketplace, including the Amazon Brand Registry and the Neutral Patent Evaluation Procedure.

The Amazon Brand Registry is a tool for identifying and reporting trademark infringement on Amazon.com and Amazon Marketplace, enabling Amazon to proactively remove infringing product listings. Mark explains that the process is straightforward but has its problems including delays in having infringing listings removed and what appear to be programming issues related to the reporting of infringements. These imperfections have helped to create the perception that Amazon is indifferent to third-party IP rights.

The pilot Neutral Patent Evaluation procedure was introduced earlier this year allowing utility patent disputes to be resolved by a neutral evaluator appointed by Amazon. Mark favors the Neutral Patent Evaluation process because, “[g]iven that the alternative is patent litigation in federal court, which can take more than a year and cost more than $1 million, the neutral patent evaluation procedure is a cost-effective, expedited process that benefits patent owners and sellers, particularly those with limited financial resources.”

Read the full article. (subscription required)

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