If you’re new on the Amazon marketplace, you may not immediately need an Amazon seller lawyer. However, you’ll want to know who you can reach out to if you need advice, pronto. Amazon rules and regulations can be tricky to navigate.
In this post, we’ll go over our recommendations, who can handle the common legal challenges Amazon sellers face. We’ll also cover how to choose a legal partner so you can get the best help.
Top Ecommerce and Amazon Seller Lawyers
Here’s a run-down of our law firm partners.
Ecommerce Law Group
This is a law firm specializing in buying and selling online businesses. Ecommerce Law Group helps entrepreneurs and investors with the process. Their services include introductory consultations, negotiation of agreements, and assistance with closing.
LA Law Group
LA Law Group offers a variety of legal services, including personal injury, business law, and intellectual property. They focus on client communication and getting the best outcome. Their team of experienced attorneys will work with you to understand your situation and find the best solution. LA Law Group offers free consultations so that you can discuss your legal needs without having to make a commitment upfront.
Cabilly & Co.
This is a law firm specializing in intellectual property and ecommerce. Cabilly & Co. offers trademark registration, patent registration, copyright registration, and account reinstatement, among others. The firm also offers legal advice on ecommerce matters such as terms of service, privacy policies, and contracts. They are known for their professionalism, expertise, and communication.
Jeff Schick Legal
Jeff Schick is an attorney who specializes in ecommerce legal services. He has experience as a seller on Amazon, Shopify, eBay, and Walmart. He built a seven-figure business on Amazon. Jeff decided to start his own law firm after facing legal challenges as a seller himself.
David Allen Miller Law
This Amazon seller lawyer provides legal services to help with issues such as account suspension, intellectual property infringement, and brand protection. You can contact the David Allen Miller Law Firm for a free consultation.
Amazon Sellers’ Lawyer (CJ Rosenbaum)
The Amazon Sellers’ Lawyer services focus on helping sellers navigate the legal complexities of selling on the platform. They primarily deal with account reinstatement and appeals. This includes account or product listing suspensions. They also handle intellectual property infringement issues like trademarks, patents, and copyrights. They can also help with drafting contracts to protect your business as an Amazon seller.
ESQgo
ESQgo is a law firm that caters specifically to Amazon sellers. They focus on intellectual property legal issues and other problems that can arise while selling on the Amazon platform. They also offer help with trademark registration and copyright protection, account and ASIN reinstatement, listing hijacker removal, intellectual property complaints and appeals, and other legal matters related to being an Amazon seller.
ESQgo’s founder was also a successful Amazon seller with an understanding of Amazon’s inner workings and how to navigate disputes. They have a proprietary process called Synthetic Arbitration (SynArb) to resolve disputes.
Kronenberger Rosenfeld
Kronenberger Rosenfeld, LLP is a law firm based in San Francisco, California. This firm specializes in internet law and intellectual property. They position themselves as a leading firm in digital media and technology law. They focus on intellectual property issues like trademarks, copyrights, and other forms of IP protection. The firm also offers assistance in legal matters resting to online advertising and marketing, ecommerce, data privacy and security, and software development.
Common Legal Challenges for Amazon Sellers
Account Suspensions
Having an attorney on speed dial who specializes in Amazon seller issues can be a valuable asset. This is especially true if your account gets suspended and you can’t sell a thing.
The primary goal in suspension cases is to get your selling privileges back. Lawyers experienced with Amazon can increase your chances of a successful appeal.
Understanding the Suspension
Lawyers familiar with Amazon’s policies can analyze the suspension notice and pinpoint the exact reason for the shutdown. This can be crucial, because Amazon’s wording can be ambiguous at times.
Crafting an Appeal
A well-written appeal is essential for getting your account reinstated. An Amazon attorney can help draft a persuasive letter that addresses Amazon’s concerns directly. This way, you can give the marketplace a clear outline of your plan of action to prevent future violations.
Communication with Amazon
You can engage lawyers can communicate with Amazon on your behalf. This ensures that you can communicate your perspective to Amazon clearly and professionally. When you’re navigating complex situations or escalated appeals, this can be especially helpful.
Legal Issues
Suspensions can sometimes involve legal matters like intellectual property infringement. An attorney can guide you on these issues and represent you if necessary.
Intellectual Property Disputes
An intellectual property lawyer can be a valuable asset for Amazon sellers facing disputes related to trademarks, copyrights, or patents.
Understanding the Accusation
If you’re accused of infringement, a lawyer can analyze the complaint. They know how to determine the specific rights allegedly violated and assess the legitimacy of the claim.
Crafting a Response
A lawyer can then draft a well-reasoned appeal to Amazon. This appeal will explain why your product doesn’t infringe, and provide evidence to support your case.
Negotiating with the Complainant
If needed, the lawyer can also negotiate a settlement with the rights owner. This can potentially keep you out of a lengthy and expensive legal battle.
Trademark and Copyright Registration
If you need to protect your own intellectual property, a lawyer can guide you. The trademark and copyright registration process on the U.S. Patent and Trademark Office (USPTO) website can be confusing.
Cease and Desist Letters
If another seller is infringing on your intellectual property, a lawyer can draft and send a formal cease and desist letter. This letter demands that a seller stop selling the infringing product.
General Guidance
Lawyers can advise you on how to build a strong intellectual property portfolio. They can also guide you in minimizing the risk of future infringement claims. An Amazon seller lawyer can ensure you understand Amazon’s intellectual property policies and how they handle disputes.
Competitor and Customer Disputes
Amazon thrives on competition, but it can sometimes turn sour. A lawyer can be a valuable asset if you face disputes with competitors and customers.
Unfair Competitor Tactics
Some competitors file bogus infringement complaints against legitimate sellers to disrupt their business. A lawyer can help you analyze a claim like this filed against you. They will craft a strong defense and might advise legal action against the competitor for malicious attacks.
Policing Your Brand
Lawyers can also assist in identifying and addressing competitor listings that either infringe on your trademark or mislead customers. This could mean sending cease and desist letters or working with Amazon to remove infringing listings.
Antitrust Issues
Unethical competitors are known to engage in predatory pricing or manipulate reviews to gain an unfair advantage. If this happens to you, a lawyer can advise you on your options if you notice such practices are harming your business.
Negative Customer Reviews
A lawyer can help you determine if a negative review is fair or violates Amazon’s policies. They can also advise you on the proper way to respond to negative reviews.
Product Liability Claims
Sometimes, Amazon customers allege that a product they bought caused harm. A lawyer can guide you through the process of responding to such claims, and potentially negotiating a settlement. This can help minimize your legal risk and protect your business.
A-to-Z Guarantee Claims
Amazon’s A-to-Z Guarantee protects buyers, but sometimes they can be unfair to sellers. If you disagree with the outcome of such a claim, a lawyer can help you appeal the decision and present your side of the story.
General Support
Disputes often hinge on Amazon’s policies, and an Amazon seller lawyer can ensure you understand them and how they apply to your situation. These lawyers can act as intermediaries when communicating with the marketplace, competitors, and customers. This can help de-escalate situations and potentially reach mutually agreeable solutions.
Privacy and Data Security
Data security and privacy is a top concern on Amazon. As a seller, you collect customer information and interact with Amazon’s systems. A lawyer can help you stay on the right side of things.
Compliance with Data Privacy Laws
A lawyer can help you navigate data privacy laws like General Data Protection Regulation and California Consumer Privacy Act. They can check your data collection and handling practices and make sure they comply with these regulations. In case a data breach happens, a lawyer can guide you through the legal notification requirements. They can also help you develop a response plan to minimize damage and protect customer privacy.
Data Security Best Practices
A lawyer can advise on secure data storage practices that safeguard customer information. You have a responsibility to secure against unauthorized access and breaches. If you use third-party vendors to manage data, a lawyer can help draft contracts to bring them into alignment with your data security standards.
Protecting Yourself from Amazon
The Amazon Seller Agreement outlines seller obligations regarding data privacy and security. A lawyer can help you understand your responsibilities. Amazon can request information about your data practices, and a lawyer can help you craft clear and compliant responses. This helps protect your business and keep you compliant with Amazon’s policies.
Brand Protection
Amazon is a competitive ecommerce world. You need brand protection to stay ahead. A lawyer can be your shield and sword in the fight against counterfeiters and trademark infringement.
Brand Registry Enrollment
Amazon’s Brand Registry offers additional seller tools and protections. Lawyers can assist with enrollment and ensure you meet the eligibility criteria.
Identifying Infringements
Lawyers can help you with systems that monitor Amazon listings for counterfeit products, unauthorized sellers using your brand, etc. If you spot an infringement, a lawyer can draft and submit takedown notices to Amazon. This requests the removal of infringing listings efficiently.
Cease and Desist Letters
For more serious infringements, a lawyer can craft and send cease and desist letters directly to the infringing sellers. This puts legal strength behind demands to stop selling counterfeit products or using your trademark.
Test Purchases and Evidence Gathering
Lawyers might advise you to conduct test purchases of suspected counterfeit products. This helps you gather evidence for potential legal action. If you suffer from persistent or egregious infringement, a lawyer can guide you through the process of filing a lawsuit. The goal is to recover damages and protect your brand reputation.
Global Brand Protection
If your brand operates internationally, a lawyer can help you with international trademark registration and enforcement strategies.
Criteria for Selecting the Right Amazon Seller Lawyer
Specialization in Ecommerce
Any lawyer you hire needs to have a focus on ecommerce, understanding the intricacies of online marketplaces like Amazon.
Understanding of Amazon’s Policies
Your lawyer must understand the nuances of how Amazon handles marketplace issues. They need to ensure that your actions comply with Amazon’s policies. The right strategic guidance and legal muscle can empower you to effectively combat any threat to your business. This puts you on a level playing field on the Amazon marketplace.
Track Record
Any professional you bring on, especially in a delicate field like law, must have proven success. You will rely on this person to help with your business, so make sure they’re good. Check that they have great communication and are highly responsive when you contact them. You don’t want to have to chase them down for days whenever you need help.
Fee Structure
Consider the cost of hiring a lawyer versus their potential impact. Remember that depending on the nature of the dispute, legal representation might not always be necessary. Weigh the potential costs of hiring a lawyer against how helpful they will be before you sign any agreements.
Frequently Asked Questions
When should I consider hiring an Amazon seller lawyer?
If someone is infringing on your intellectual property, or you are being accused of trademark or copyright infringement, a lawyer can help you navigate the legal complexities and protect your rights.
Account suspensions is another area where an attorney can help you craft an appeal and negotiate with Amazon to get your account reinstated.
If Amazon accuses you of a serious policy violation, a lawyer can represent you if necessary. Similarly, in a high-value dispute with Amazon, a lawyer can help you protect your financial interests.
How do Amazon seller lawyers charge for their services?
Amazon seller lawyers typically charge hourly rates for their time, ranging from a few hundred dollars per hour to upwards of $1,000 per hour.. The actual rates vary depending on their experience, reputation, and the complexity of the case.
Some lawyers offer flat fees for specific services where the scope of work is well-defined.
In some cases, a lawyer may be willing to work on a contingency fee basis, where they only get paid if they successfully resolve your legal issue. Contingency fees typically range from 25% to 40% of the total amount recovered. Keep in mind that lawyers will generally only take on cases they believe have a high chance of success.
Some lawyers will ask for a retainer fee before taking on your case. This deposit goes towards the lawyer’s fees, billed hourly. Once the retainer is depleted, you will need to replenish it.
Can an Amazon seller lawyer guarantee the reinstatement of my suspended account?
No Amazon seller lawyer can guarantee the reinstatement of your suspended account. Amazon has the final say in every case, with no obligation to follow any lawyer’s advice. An attorney can help you craft a strong appeal, but the ultimate decision lies with Amazon.
What Is EcomBalance?
EcomBalance is a monthly bookkeeping service specialized for eCommerce companies selling on Amazon, Shopify, Ebay, Etsy, WooCommerce, & other eCommerce channels.
We take monthly bookkeeping off your plate and deliver you your financial statements by the 15th or 20th of each month.
You’ll have your Profit and Loss Statement, Balance Sheet, and Cash Flow Statement ready for analysis each month so you and your business partners can make better business decisions.
Interested in learning more? Schedule a call with our CEO, Nathan Hirsch.
And here’s some free resources:
- Monthly Finance Meeting Agenda
- 9 Steps to Master Your Ecommerce Bookkeeping Checklist
- The Ultimate Guide on Finding an Ecommerce Virtual Bookkeeping Service
- What Is a Profit and Loss Statement?
- How to Read & Interpret a Cash Flow Statement
- How to Read a Balance Sheet & Truly Understand It
Conclusion
Involving a lawyer will incur fees. Weigh the cost against the potential revenue loss from a suspended account or other legal issues. An Amazon seller lawyer can significantly improve your odds of a positive outcome. However, getting legal help is not a guarantee.
