TAS 186 : What Sellers NEED to Know about Patents - Trademarks and Copyrights with Attorney Ted Lymes

There are many, many ways you can make mistakes when selling your private label products on the Amazon platform. One of those has to do with three legal areas: patents, trademarks, and copyrights. Today’s episode is not meant to scare you but to make you aware of the issues involved in those three areas and equip you to protect yourself and protect your own rights when it comes to the use of your product and brand names, images, and unique characteristics. You’ll want to listen carefully to this episode to learn what you need to know.

What’s the big deal with patents, copyrights, and trademarks?

The reason you need to be aware of these three important legal terms is because you have the possibility of either being in violation of another company’s trademark, patent, or copyright, or will be violated in regards to your own products or brand. If you’re not aware of the differences between these 3 things you could be in danger on either side of the issue. Today’s guest, Ted Luymes is an attorney who knows these issues backwards and forward and can help you understand the places you may be vulnerable. You’re going to learn a ton from this conversation.

How can you know if a product is patented?

Patents are difficult to research to ensure that the product you’re wanting to sell is not already patented by someone else. Today’s guest, Ted Luymes is an attorney who deals with these issues and says that even patent attorneys can have a hard time discovering whether a specific type of product is patented or not. You have to do your own research to make sure that your potential product is not shaped like other products and avoid any possible patent violations. You should also deal with your supplier about this issue to ensure that you’re aware of their experience and knowledge of patent issues relating to the product. You’ll learn a lot on this episode so be sure to listen.

What IS a product trademark and how is it used?

A trademark is something a company registers with the U.S. trademark office to affirm that their company and products are certified as belonging to them. It can include the name, logo, label design, and fonts used in those things. There is legal protection for you if you don’t have the official trademark registration but the registration enables you to establish your claim as of a particular date to ensure that your rights are not being violated. Today’s guest, Ted Luymes is going to walk us through the dos and don’ts of trademarks.

What IS a copyright?

A copyright is a legal title used to delineate ownership of a particular item or photo to an individual or company. Copyright is important for Amazon sellers in terms of photos. Ideally you should be taking your own photos or ensuring that the photographer who takes your photos knows that you want the rights to the photos. The © mark can be used liberally on your product listings and your photos to ensure that you are the owner of those images and items. You’ll learn some very helpful things from today’s guest, attorney Ted Luymes about trademarks, copyrights, and patents.

OUTLINE OF THIS EPISODE OF THE AMAZING SELLER

• [0:03] Scott’s introduction to the podcast!
• [2:44] Introduction of today’s guest Ted Luymes, attorney.
• [3:38] What Ted has been up to since being on the last episode - #152.
• [5:44] The current status with product hijacking issues & what Ted’s seeing lately.
• [9:33] Ted’s understanding of patents, trademarks, and copyrights.
• [17:32] Why research alone may not be enough.
• [19:45] What is a trademark?
• [23:00] The proper way to use a trademark on your packaging and products.
• [24:40] Things to avoid that relate to trademark issues.
• [27:37] Trademark issues relating to “cut and paste” sellers.
• [31:00] Ways to enlist Amazon’s seller support to help with trademark violations.
• [31:44] What is a copyright?
• [37:45] Common sense things relating to these issues.
• [40:20] What you need to do if someone violates your rights.
• [41:15] What you should do if you are told that you are violating a copyright, trademark, or patent.

LINKS MENTIONED IN THIS EPISODE

• Episode with Ted about hijackings - www.TheAmazingSeller.com/152
• www.TedLawFirm.com - Ted’s website