E-Commerce Disputes
Protecting and Defending IP Rights Across Online Marketplaces
E-commerce platforms are essential to modern product distribution—but they’ve also become high-volume battlegrounds for brand enforcement, counterfeit disputes, and unauthorized listings. At Schmeiser Olsen, we represent both rights holders and accused sellers in e- commerce disputes involving trademarks, patents, copyrights, and online brand control.
We support clients in fast-moving disputes on platforms like Amazon, eBay, and Walmart Marketplace, helping enforce IP rights, respond to infringement claims, and restore legitimate listings wrongfully taken down. Our clients include U.S. corporations and small businesses, international manufacturers (including many based in China), and third-party sellers operating at scale.
Marketplace Takedowns & Listing Defense
Platform-Specific IP Enforcement and Seller Representation
Major e-commerce platforms—like Amazon, eBay, and Walmart Marketplace—each maintain their own internal systems for reporting intellectual property violations. These procedures can offer fast relief but also carry risks, including the removal of legitimate listings or retaliatory complaints. Schmeiser Olsen helps clients enforce their IP rights and defend against improper takedowns, using a strategic and platform-specific approach.
We advise clients on how to navigate takedown procedures effectively, prepare evidence in support of their claims, and reduce the likelihood of procedural rejection or escalation. At the same time, we defend sellers facing baseless or overly broad infringement claims that threaten revenue, account standing, or brand reputation.
We understand that takedown systems are both a tool and a risk. Rights holders must take care not to overreach or expose themselves to counterclaims, while sellers must act quickly to preserve listings and avoid suspension. Our team works to achieve rapid, balanced outcomes—whether protecting a brand’s reputation or defending a legitimate seller’s business.
Our services include:
Preparing and submitting trademark, copyright, or patent-based takedown requests with proper documentation
Responding to false or mistaken infringement complaints, including preparation of counter-notices and appeals
Handling disputes involving parallel imports, gray market sales, or unauthorized resellers
Advocating for listing reinstatement and protection of seller accounts and product pages
Advising on when to escalate disputes beyond the platform to litigation, arbitration, or PTAB proceedings
Amazon Brand Enforcement & APEX Proceedings
Amazon’s Patent Evaluation Express (APEX) program offers a fast, lower-cost alternative to litigation for resolving utility patent disputes between sellers. When a patent owner files an APEX complaint, Amazon asks the accused seller to participate in a neutral, third-party evaluation to determine whether the product likely infringes the asserted patent claim. If the evaluator finds likely infringement, the listing is removed; if not, it remains active.
We have helped multiple Amazon sellers successfully reinstate listings after false or mistaken claims. Our approach balances legal precision with rapid execution—two critical factors in the fast-moving world of online retail.
We represent both patent owners and accused sellers in APEX proceedings:
For Patent Owners
– Draft and file structured APEX complaints, including claim charts and supporting materials
– Advise on whether APEX is the right enforcement path based on commercial goals and timing
– Evaluate responses from sellers and recommend next steps
– Integrate APEX enforcement into broader IP strategy
For sellers accused of infringement
– Respond within the tight APEX deadline (usually 21 days)
– Prepare technical rebuttals and legal arguments
– Work with patent counsel to evaluate risk and design-around options
– Represent sellers throughout the evaluation and post-decision process
UDRP & Domain Name Disputes (ICANN)
We advise on Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings and related ICANN arbitration matters involving cybersquatting, domain impersonation, and brand misuse. We assist trademark owners in recovering domain names, and we also represent domain registrants wrongfully accused of bad-faith registration or use.
Proceedings are handled through accredited forums like WIPO and the National Arbitration Forum (NAF), and often serve as an efficient alternative to traditional litigation.
From Delisted to Protected: Registering Your Own IP
Many sellers first contact us after being delisted by Amazon or another platform—often due to an IP complaint filed by a competitor. In these situations, one of the most effective long-term responses is to secure your own intellectual property rights.
We assist both U.S. and foreign sellers—including many based in China—with registering:
– U.S. patents and design patents to protect product features and configurations
– Federal trademarks to establish brand ownership and listing control
– Copyrights for product packaging, manuals, and marketing content
Owning enforceable IP not only allows sellers to defend against wrongful claims, but also provides the tools to initiate enforcement when competitors misuse or copy protected assets. We offer strategic guidance on which IP protections make sense for your products and how to build a defensible position in the U.S. market.
Contact Schmeiser Olsen to discuss ways to protect your products →
Common E-Commerce Disputes We Handle:
Strategic IP Support in Online Markets
We take a balanced, business-minded approach to e-commerce disputes. Whether enforcing your rights or defending your listings, we work quickly and strategically to protect your position in the marketplace.