Amazon has just announced Project Zero to potentially assist brand owners in combatting counterfeit goods by removing products likely to be fake from the online retailer’s platform. Project Zero would allow brand owners to designate product listings for removal, instead of undergoing Amazon’s prior reporting and removal process, which required brand owners to report counterfeit products to an internal Amazon team for investigation prior to removal. So far, Amazon has tested the Project Zero pilot program with several brands over the past few months, but will now open up Project Zero to additional companies through an invitation process. Amazon hopes that eventually all brand owners will be able to join the program.

Using Project Zero, brands provide trademarks, logos, etc., and Amazon scans listings daily, looking for suspected counterfeits. Brands can log into an online portal to search for keywords or images of their products on Amazon, and click listings they believe to be infringing. Amazon then removes either the item at issue, or the seller automatically. The ability to remove counterfeit listings is free, but brand owners can also utilize a Project Zero tool that generates a unique serialized barcode for each product unit, which the brand owner can print onto its product packaging or attach to products via a sticker. Brand owners and Amazon can then use those codes to ensure product authenticity when they enter an Amazon warehouse. The product codes cost between roughly 1 and 5 cents each, depending upon the volume at issue. While participation in Project Zero is currently by invitation only, Amazon has a waitlist for participation. In order to participate, brand owners have to have registered trademarks and be enrolled in Amazon’s brand registry.

Accordingly, if you are a brand owner, or represent a brand owner, now would be a good time to shore up your company’s registered trademark protection. Likewise, if your brand is fortunate enough to participate in the Project Zero program, the brand should not abuse its discretion in removing suspect product listings, as brand owners must “maintain a high bar for accuracy in order to maintain their Project Zero privileges.” Amazon Project Zero training is also required for users participating in the anti-counterfeiting program.

For more information, please contact Justin Pierce or Marci Ballard.

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Justin E. Pierce

Justin Pierce is a co-chair of Venable’s Intellectual Property Division. Justin has significant experience advising companies and their executives on how best to acquire, develop, and apply their intellectual property to achieve their business objectives. He has guided clients through a wide range…

Justin Pierce is a co-chair of Venable’s Intellectual Property Division. Justin has significant experience advising companies and their executives on how best to acquire, develop, and apply their intellectual property to achieve their business objectives. He has guided clients through a wide range of matters involving patent litigation, trademark and brand protection, anti-counterfeiting initiatives, copyright, design rights, trade secrets, and licensing. Justin is also well versed in strategies for handling rights of publicity, domain name, and social media disputes. He routinely advises companies with respect to artificial intelligence and cutting-edge issues involving intellectual property.

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Marcella Ballard

Marcella Ballard is co-chair of Venable’s IP Litigation – Advertising, Brand, and Copyright Group. Marci is a seasoned first-chair Lanham Act and copyright litigator who represents clients before the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board…

Marcella Ballard is co-chair of Venable’s IP Litigation – Advertising, Brand, and Copyright Group. Marci is a seasoned first-chair Lanham Act and copyright litigator who represents clients before the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB), and in bench and jury trials. Marci also represents clients in arbitration hearings throughout the United States and in the United Kingdom. Several well-known global brands rely on her sophisticated litigation skills and sage counsel in global trademark matters and brand management functions. She also manages global IP portfolios, and counsels clients on brand protection, trademark, copyright, trade secret, privacy rights, licensing, unfair competition, contracts, and business tort claims.

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Kristen S. Ruisi

Kristen Ruisi has more than 20 years of experience advising clients on their global intellectual property (IP) portfolios and branding initiatives. Kristen manages and protects the global trademarks of major corporations and high-profile individuals, including actors, athletes, musicians, and entrepreneurs. She provides a…

Kristen Ruisi has more than 20 years of experience advising clients on their global intellectual property (IP) portfolios and branding initiatives. Kristen manages and protects the global trademarks of major corporations and high-profile individuals, including actors, athletes, musicians, and entrepreneurs. She provides a wide array of services to protect her clients’ IP and brands, from trademark prosecution and enforcement to due diligence in mergers and acquisitions and licensing agreements. Kristen helps clients in myriad business sectors, with particular knowledge of the nuances of registering brands and trademarks in the fashion and beauty, food and beverage, and cannabis industries.

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Calvin R. Nelson

Calvin Nelson’s practice covers a wide range of intellectual property matters, including patent litigation, trademark and brand protection, and anti-counterfeiting. Calvin has extensive experience in litigating intellectual property disputes in federal courts and before the U.S. International Trade Commission. He has represented clients…

Calvin Nelson’s practice covers a wide range of intellectual property matters, including patent litigation, trademark and brand protection, and anti-counterfeiting. Calvin has extensive experience in litigating intellectual property disputes in federal courts and before the U.S. International Trade Commission. He has represented clients in a wide variety of fields, including smartphone technology, mobile applications, and enterprise software.

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Photo of Melissa Landau Steinman Melissa Landau Steinman

Melissa Steinman focuses on advertising and marketing, promotions, consumer protection, antitrust, trade regulation, and consumer product safety. In addition to counseling and compliance, she also actively represents clients in government investigations and defends clients against class actions. Melissa represents a broad array of…

Melissa Steinman focuses on advertising and marketing, promotions, consumer protection, antitrust, trade regulation, and consumer product safety. In addition to counseling and compliance, she also actively represents clients in government investigations and defends clients against class actions. Melissa represents a broad array of clients, including consumer products and hospitality brands, media and tech companies, retailers, gaming and software companies, start-ups, celebrities, producers, charities, and trade associations. She is particularly well known for her deep knowledge of promotions law, including sweepstakes, contests, gift cards, loyalty programs, and charitable promotions, and she speaks and writes frequently on the topic in the United States and internationally.

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