Brand Protection Glossary
Amazon Buy Box
The place on the right of the product page that shows the product and ‘Add to Cart’ button (‘Add to Basket’ in the UK). The Amazon seller that wins the buy box is the buyer’s designated default seller. Therefore, winning the buy box is a huge advantage for sellers on Amazon. For more information on how to protect your brand on Amazon, click here.
Brand abuse, also called Intellectual Property (IP) abuse, is the intentional infringement activity carried out to exploit a brand and mislead buyers in the purpose of making profits for the abuser.
Brand / Trademark Infringement
An unauthorized use of exclusive rights attached to a trademark without the prior permission of the trademark owner or licensee. For additional information about how a brand can defend itself from trademark infringements in the e-commerce arena, click here
The use of works e.g. picture, drawing, text, art exhibit, lyrics, video or other forms of works, protected by copyright law without permission of the rights holder or representative. Among the rights of a copyright holder are the rights to reproduce, distribute, display or perform the protected work, or to make derivative works thereof.
Goods, either fake products sold under the original brand (without authorization), or unauthorized replicas of the product sold under another’s brand name.
Counterfeit goods are usually of inferior quality compared to the genuine brand product(s) due to the fact that the counterfeiter strategy is to cash in on the brand’s reputation and maximize sales, without investing for the long term.
Using, registering, or trafficking in an Internet domain name with intent to profit from the goodwill and/or reputation of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the original person or legal entity who owns the trademark mentioned within the name at a higher price.
Gray Market Goods
Branded goods imported into a market where they are already marketed without the consent of the intellectual property owner.
These are not-counterfeits. However, there may be differences between them and authorized goods, such as warranty coverage and compliance with the territory’s specific regulatory requirements.
Intellectual Property (IP)
Refers to intellectual creations for which a limited monopoly is granted to designated owners by national laws. Intellectual property rights (IPR) are the protections granted to the creators of IP. IPR can be enforced in most countries contingent upon registration in countries where enforcement is desired. IPR can include trademarks (in the form of symbols, words, sounds, signals and more) copyrights (in the form of music, text, pictures and more), design and utility patents, and more.
A copy, usually unauthorized and cheaper, of an original. Knockoffs don’t copy the brand name or logo of a trademark, but they often confuse consumers and therefore may be illegal.
As odd as it may sound, some trademarks are lost overtime when their brand name becomes generally popular and is deemed too descriptive. In other words, sometimes becoming too popular can be harmful to brands. Learn more here.
The import of branded goods into a market where the product is already marketed, without the permission of the intellectual property owner. Also called Gray Market Goods.
Unauthorized marketing, manufacturing, or commercial use (in most countries, a “use” should be commercial in order to constitute “patent infringement”) of exclusive rights attached to a patent within the country in which said patent is in force, without the prior permission of the patent right owner, official representative or licensee.
The reproductions of copyrighted products without permission, such as movies, music, and software.