Trademark enforcement has moved inside the platforms. This course gives attorneys a practical framework for protecting brands on Amazon, Walmart, and TikTok Shop — covering what Brand Registry really offers, how IP infringers differ from unauthorized sellers, the evidence platforms actually credit, and the common attorney mistakes that sink valid claims. Attendees will learn a three-pillar enforcement model layering IP rights, platform policy, and regulatory compliance, plus escalation strategy and the role of Schedule A litigation when platform channels fall short.
Principles
- Platform enforcement is fundamentally different from traditional trademark litigation.
- Modern brand protection requires understanding how Amazon, Walmart, and TikTok Shop evaluate claims— not just trademark law.
- Success depends on working within platform rules, evidence standards, and internal enforcement processes rather than relying solely on legal doctrine.
- The right enforcement strategy starts with correctly identifying the problem.
- IP infringement and unauthorized resale are different issues requiring different legal theories, evidence, and business solutions.
- Misdiagnosing the problem leads to ineffective enforcement and frustrating clients.
- Evidence—not legal argument—drives platform decisions.
- Platforms prioritize clear, objective, business-friendly evidence over lengthy legal analysis.
- Attorneys achieve better outcomes by presenting the documentation platforms are designed to evaluate, such as test buys, photographs, registration excerpts, and policy-based violations.
- Effective brand protection requires a layered enforcement approach.
- The strongest enforcement strategies combine three complementary levers:
- Intellectual property rights
- Platform policy violations
- Regulatory compliance issues
- When one avenue is insufficient, coordinated use of multiple enforcement mechanisms and strategic escalation increases the likelihood of success.
Syllabus
- The eCommerce Enforcement Landscape
- Why IP enforcement has shifted from courts to platform policy teams
- Scale of the problem: volume-based infringement vs. one-off disputes
- Key terminology: ASIN, Buy Box, Brand Registry, APEX, Transparency, Schedule A
- Brand Registry: Perception vs. Reality
- What clients believe enrollment provides
- What it actually provides: tools and access, not control
- Enrollment requirements and practical limitations
- Setting client expectations early
- Two Different Threats, Two Different Responses
- IP infringers vs. unauthorized sellers — why the distinction drives strategy
- The psychology of the unauthorized seller: account risk over litigation risk
- First-sale doctrine and the material differences exception
- MAP policy and distribution-agreement leverage
- What Platforms Actually Enforce
- Strong claims: counterfeits, trademark misuse on packaging, brand-field abuse
- Weaker claims: generic keyword use, compatibility claims, unregistered trade dress
- Trademark, copyright, and patent categories as the platform defines them
- Design patents and the APEX program
- Evidence: Where Attorneys Fail
- The evidence hierarchy platforms credit
- Test buys — documentation, photos, chain of custody
- Side-by-side comparisons and registration excerpts
- Common mistakes: legal briefs, statutory citations, accusatory tone
- The Three Pillars of Brand Enforcement
- Pillar 1 — Intellectual property: foundational but rarely sufficient alone
- Pillar 2 — Platform policy: Seller Code of Conduct, authenticity, listing abuse
- Pillar 3 — Regulatory compliance: FDA, CPSC, FTC, Prop 65, labeling
- Why layered pressure works where single-lever enforcement fails
- Escalation and Litigation
- Building the escalation ladder; resubmission with new material evidence
- Escalation channels when platform enforcement stalls
- Schedule A litigation as the bridge to courtroom remedies
- Why traditional C&D letters to foreign infringers fail
- Ethics, Practice Management, and Takeaways
- Managing client expectations and avoiding outcome guarantees
- Scope of representation; flat-fee vs. volume-based enforcement models
- When to decline an enforcement matter
- Key takeaways
