How Can Amazon Help Prevent Counterfeiting?
Amazon Brand Gaiting
As Amazon’s marketplace has expanded, the rise of third-party sellers has increased the risk of counterfeit and unauthorized products undermining brand trust. Amazon’s brand gating program is designed to give manufacturers greater control over who may sell their branded products, helping to reduce counterfeit listings and protect pricing integrity.
Brand Gating Limits Unauthorized and Counterfeit Sales — Through brand gating, manufacturers can restrict which resellers may use their ASINs, preventing unauthorized sellers from hijacking legitimate listings and driving down prices. Participating resellers must meet qualification requirements, provide invoices and written authorization, pay an upfront fee, and face serious penalties for violations.
Amazon Focuses on Authenticity, Not Broader Reseller Disputes — While brand gating helps confirm authorization and product authenticity, Amazon generally remains neutral in other manufacturer–reseller disputes. Because gating restricts resale, it is most effective for brands frequently targeted by counterfeiters, such as luxury goods and consumer electronics.
Participation Requires Trademark Registration and Brand Registry Enrollment — To join brand gating, brands must hold a registered trademark, enroll in Amazon’s Brand Registry, identify key ASINs to be gated, and submit a list of authorized sellers. Direct communication with Amazon seller support is required, and prioritizing urgent ASINs can accelerate the process.
For more information, see our blog post Brand Gating on Amazon: A Way to Help Prevent Counterfeiting.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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