What Should I Do About Amazon KDP Trademark Infringement Notice?

Question from grow600, What Should I Do About Amazon KDP Trademark Infringement Notice?

Answer from AI:

What the Notice Means

Amazon KDP has sent you a trademark‑infringement notice because the phrase “Hear Your Story” is registered as a trademark by another party. Under U.S. trademark law, using a protected mark in a way that is likely to cause confusion about the source of goods or services can be a violation of the Lanham Act. Amazon’s notice is a warning that the marketplace will remove or block the offending title unless the issue is resolved.

Immediate Actions You Can Take

1. Confirm the Claim

   • Locate the trademark registration (you can search the USPTO’s TESS database).
   • Verify that the registration covers books, e‑books, or related publishing services, which would overlap with your KDP title.

2. Take the Book Down (or Edit the Title)

   • The quickest way to stop further infringement is to remove the book from sale on Amazon.
   • If you prefer to keep the book available, consider changing the title so it no longer contains the disputed phrase.

3. Respond to Amazon Within the Specified Timeframe

   • Amazon usually asks for a written response. A concise reply might include:
     • An acknowledgment of the notice.
     • A statement that you are removing or revising the title.
     • A request for any additional details you need to comply fully.

4. Document Everything

   • Keep copies of the notice, your response, and any correspondence. This record can be useful if the trademark owner later pursues a claim for damages.

Assessing Potential Liability

• Royalties Earned: You have earned $23 from 15 copies. While the amount is modest, the trademark owner could still seek statutory damages, which can range from $1,000 to $200,000 per work for willful infringement.
• Willfulness: Because you acknowledge that the use “does seem” to infringe, a court might view the infringement as at least negligent, if not willful. This can affect the damage calculation.

When to Seek Legal Counsel

Trademark matters can become complex quickly. A qualified intellectual‑property attorney can help you:

• Evaluate the strength of the trademark claim (e.g., whether the mark is “strong” or “weak,” and whether your use is likely to cause consumer confusion).
• Determine whether any defenses apply, such as fair use (unlikely for a title) or lack of commercial confusion.
• Negotiate a settlement or a cease‑and‑desist agreement that limits exposure.
• Advise on how to re‑brand future titles to avoid similar issues.

Because the potential damages can far exceed the $23 you have earned, professional advice is advisable even for a small‑scale case.

Practical Tips for Future Publishing

• Conduct a Trademark Search before finalizing any title. The USPTO’s free TESS search tool is a good starting point.
• Avoid Common Phrases that are already trademarked in the publishing industry.
• Keep Records of your search results and any permissions you obtain.
• Read Amazon’s KDP Content Guidelines regularly; they outline the platform’s expectations regarding intellectual‑property rights.

Helpful Resources

• USPTO Trademark Search (TESS) – provides public access to all registered and pending trademarks. You can search for “Hear Your Story” to see the registration details.
• Amazon KDP Intellectual‑Property Policy – explains how Amazon handles trademark complaints and the steps required to resolve them.

Bottom Line

The safest short‑term route is to remove or rename the book, respond promptly to Amazon, and keep thorough documentation. Because statutory damages for trademark infringement can be substantial, consulting a licensed IP attorney is strongly recommended to evaluate any further risk and to protect future works.