Counterfeits Vs Trademarks On Amazon: What You Need to Know - With Amazon Lawyer David Miller

Think every trademark issue means counterfeit products?

Many Amazon sellers make that costly mistake.

But it's not always true.

In my latest YouTube video, I sat down with Amazon attorney David Miller to clear up this confusion and explain the real difference between counterfeits and trademark infringement.

Watch All My Videos With David Miller On YouTube

In this article, I’ve summarized our conversation to help you:

1. Protect your account,

2. Avoid false complaints, and

3. Prevent serious consequences like account suspension or losing brand registry privileges.

Let’s break it all down, step by step.

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Counterfeits vs. Trademark Infringement: What’s the Difference?

Vova: David, a lot of sellers get confused about the difference between counterfeit products and trademark infringement on Amazon.

Could you break this down for us?

David: Absolutely. It’s a really important distinction. 

If someone is selling a counterfeit product, that almost always means they’re also infringing on a trademark.

For example, think about someone on Canal Street selling “Nike” sneakers for two dollars.

That’s clearly counterfeit, and it’s also trademark infringement for obvious reasons.

But here’s where it gets tricky: you can infringe on a trademark without actually selling counterfeit goods.

How?

That’s where the concept of material differences comes in.

What Are Material Differences?

Vova: Can you explain what the term "material differences" means in plain terms?

David: Of course. Let’s say you’re selling a genuine product, the same brand-name item as someone else, but your version has a material difference.

It's something meaningful that affects the buyer’s experience.

A common example would be differences in warranty or satisfaction guarantees.

Maybe your product doesn’t come with the same warranty as the brand owner’s product.

Even though the item itself is authentic, that difference can make it infringe on the trademark.

The Risks of Filing False Counterfeit Complaints

Vova: So, even an authentic product can still create legal trouble if it’s sold in a way that doesn’t match what the trademark owner offers?

David: Exactly. And here’s the problem: many Amazon sellers don’t fully understand these distinctions.

They sometimes jump straight into filing intellectual property complaints, often labeling something as counterfeit, without any actual proof that the product is fake.

Vova: And I imagine that’s risky.

David: Very risky.

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Heads up! When a brand‑protection company sends a cease‑and‑desist letter, you’ll want to handle it carefully. Don’t give away supplier details right away. Read this: What To Do When You Receive Amazon Cease and Desist Letter From VantageBP - Vantage Brand Protection

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David: Filing a false counterfeit complaint can lead to serious consequences.

Two of the worst outcomes are:

1. Account suspension for deceptive activity.

2. Loss of brand registry privileges, which can really hurt your business long-term.

That’s why I always tell sellers: if you believe someone is infringing on your trademark, don’t just blindly file a counterfeit complaint.

Take time to review the situation carefully.

Analyze it.

Make sure you know exactly what you’re filing, and that it’s accurate.

And if you’re unsure, reach out to an attorney who can guide you through the process.

Need Professional Guidance?

Vova: Great advice, David. I’ll go ahead and share your contact info so people can reach out for a free consultation.

You’ve been a big help to many Amazon sellers dealing with these issues.

David Miller’s Contacts:

1. Website: https://www.damlawfirm.com/

2. YouTube: DAM Law Firm YouTube Channel

3. Instagram: @davidallenmillerlaw)

4. TikTok: @davidallenmillerlaw

5. Facebook: David Miller - Facebook

6. LinkedIn: David Miller - LinkedIn

7. Email: Intakes@damlawfirm.com

8. Phone: 646-760-2844 (USA)

Also, for those reading, I’ve got a full playlist of more videos with David covering Amazon legal challenges.

Click the button below to check them out.

Watch All My Videos With David Miller On YouTube

Thanks for joining us today, and make sure you understand these differences before taking any action. Have a great day!

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Final Thoughts

Understanding the difference between counterfeit products and trademark infringement isn’t just legal fine print.

It’s essential for protecting your business.

As David stressed, mislabeling a product as counterfeit can lead to severe consequences, including account suspension and damage to your brand’s reputation.

If you’re unsure about a potential violation, take the time to evaluate it carefully or consult with an experienced attorney before acting.

In the long run, careful action is far safer than rushing into a complaint that could cost you your business.