This post will not only explore the aftermath of what happens when Amazon sues for copyright claims but also how brands should respond.
On March 30, 2023, Amazon filed three nearly identical lawsuits in the federal district court in Seattle claiming that bad actors on their platform misused their Brand Registry accounts to target third-party sellers with improper copyright infringement complaints.
Amazon claimed that groups of entities and/or individuals conspired to register seller names “Dhuog,” “Sidesk,” and “Vivcic,” and claimed to Amazon that they were rightful owners of trademarks under the same names. They even allegedly provided Amazon with purportedly pending or entirely fake United States Patent and Trademark Office (USPTO) trademark registration numbers/marks of owned names.
These bad actors then proceeded to copy images they found on Amazon for existing product listings. Then they were used for fake dummy websites alongside Amazon’s Brand Registry tools to report those same listings. They were reported as infringing their alleged copyrights, submitting as “proof” of infringement the URLs for the copied images (that now resided on the websites they created only days before).
They then proceeded to submit hundreds of Brand Registry complaints.
In response to the 229 takedown complaints received just from the Dhuog account alone, Amazon states that it removed 16 full product listings or some listing content in an effort “to act expeditiously to protect what it believed at the time to be legitimate rights.”
Once it discovered the fraud, Amazon proceeded to file three lawsuits against the bad actors. Amazon alleges in each case that it suffered economic harm and expenses associated with investigating and addressing the fraud.
That unfortunately still remains a mystery. As of the date of publication of this piece, there is no indication on the court dockets of Amazon effectuating service on any person or entity, and the summonses that the court issued in each case on March 31, 2023, are simply addressed to the aliases “Dhuog,” “Sidesk,” and “Vivcic,” without any other name or address specified for service.
Amazon has explained that the bad actors involved in this scheme took great pains to hide who they were.
Brands must take great care to register and monitor their intellectual property, both domestically and abroad. At the very least concerning international registrations, brands should evaluate registering and monitoring their IP in key markets where they are considering expansion and future growth. Bad actors are constantly testing Amazon’s and other platforms’ processes and tools to take advantage of vulnerabilities. Leaving your IP unprotected, especially in first-to-file jurisdictions like China, can lead to business losses that are expensive and perhaps ultimately impossible to unwind.
While marketplaces offer certain tools to help brands protect their IP, it is critical to constantly monitor your brand’s presence across the key marketplaces to identify and address such vulnerabilities without relying on anyone else to do it for you.
If your brand is interested in a complimentary global marketplace exposure report, request one here. This report shows which marketplaces globally are selling a significant amount of your products and can be a useful tool in prioritizing IP and brand protection efforts.
Finally, understand that submitting any type of IP infringement reports on the platforms without substantial basis or exaggerating the extent of the threat to your brand can lead to trouble. This is especially true when brands use third-party vendors. Often, those vendors promise swift, broad-based, and “painless” cleanup of the marketplaces without the brand’s close oversight.
Vorys eControl has seen brands and their vendors push the boundaries of what is properly reportable. Usually done via Brand Registry or Brand Portal, it leads to them getting sued by resellers. It also may lead to suspensions from the platform, particularly from being able to report violations. With the recent filings described above, Amazon is clearly not shy about taking violators to court. Amazon has also been known to restrict brands’ access to the Brand Registry for abuse.
If you want to reassess your brand protection strategies on Amazon and other online marketplaces, we're here to help. Please reach out to your Vorys attorney or contact us below.
Copyright 2025 Vorys, Sater, Seymour and Pease LLP. All Rights Reserved.
