Managing Risk: Trademark Dispute
- Arnold Shields
- Jan 11, 2019
- 2 min read
Updated: May 21
Trademark disputes are one of the most disruptive risks Amazon sellers face. It only takes one aggressive cease-and-desist letter from a multinational company to jeopardise your listings, revenue, and reputation—no matter how carefully you chose your brand name.
Even if your name is legally sound, the cost of fighting a well-funded company can be financially crippling. In the worst-case scenario, Amazon may remove your listings entirely, and you’ll lose your rankings, reviews, and momentum.
So what can you do?
Create an Emergency Brand Name | Your Quick Response Plan
To reduce downtime, financial loss and stress, prepare an emergency backup brand in advance. This simple plan will cost less than $300 and gives you the flexibility to pivot immediately.
✅ Step-by-Step Emergency Brand Setup:
Research a New Brand Name (Free)Use free tools like IP Australia’s ATMOSS search, Google, and social media checks to ensure it's available and unregistered.
Buy the Domain Name (~$10)Secure a matching .com or .com.au domain via platforms like GoDaddy or Namecheap.
Register the Trademark (~$250)Apply through IP Australia. It will take ~9 months, but filing the application shows you’re serious and proactive.
Create a Simple Logo (~$20)Use Fiverr or Canva to create a basic visual identity you can upgrade later.
Apply for Amazon Brand Registry (Free)Once the trademark is registered, apply for Brand Registry to protect and control your listings.
Why This Works
By investing just a few hours and ~$280 upfront, you create a rapid fallback plan that:
Keeps your listings, rankings, and reviews
Simply update the brand name on your Amazon listing, no need to start from scratch.
Lets your production continue smoothly
Your suppliers can switch over to the new branding without delays.
Prepares your website, email, and socials
Switch to the new domain and maintain customer trust and communication.
What About Existing Inventory?
Keep 3–4 months of inventory on hand and in production as a buffer. If a dispute arises:
Negotiate a transition period with the opposing party to sell out your current stock.
Demonstrate good faith by showing steps taken to remedy the issue.
This approach can often avoid court proceedings and maintain a working relationship while protecting your cash flow.
Don’t Wait Until It’s Too Late
Legal battles are expensive. Amazon account closures are devastating. An emergency brand name is a strategic safety net. It’s your best low-cost defence against an unexpected trademark challenge.
At Dolman Bateman, we understand the challenges of running a successful Amazon business. If you need help with IP risk, brand strategy, or financial forecasting, our advisory team is here to assist.
Disclaimer:
The information provided in this article is general in nature and does not constitute personal financial, legal or tax advice. While every effort has been made to ensure the accuracy of this content at the time of publication, tax laws and regulations may change, and individual circumstances vary. Dolman Bateman accepts no responsibility or liability for any loss or damage incurred as a result of acting on or relying upon any of the information contained herein. You should seek professional advice tailored to your specific situation before making any financial or tax decision.
