NEW YORK – With years of expertise in intellectual property, and daily interactions with Amazon sellers, attorneys at Cabilly & Co. (offices in New York and Israel) have learned that most suspensions are not caused by bad behavior. Instead, they usually happen because there was no legal strategy in place from day one.
Shahak Leon Netz, Esq., partner at Cabilly & Co. has seen it before and the reasons are usually:
• sellers choose a brand name without checking if it’s already trademarked;
• sellers list a popular product, unaware that it’s protected by a patent; and
• sellers use images or text pulled from Google or directly from a competitor—without permission.
“These things might not cause trouble right away, but sooner or later, platforms notice, and so do competitors,” warns Netz, an intellectual property lawyer. “They always do. That’s when accounts get flagged or suspended.”
Netz contends that the “fix” is to think “legally and early.” Before launching or scaling, ask yourself:
• Is your brand name legally available and protected?
• Are you sure your products aren’t infringing on someone else’s rights?
• Do you own the content you’re posting?
For sellers who want to check and see if a brand name is already trademarked, Netz has advice. “Each country (or jurisdiction) has its own trademark laws and its own registry, so the first step is to search in the relevant official government trademark database for the country where you’d like to register your brand,” he explains. “That said, even if you don’t find an exact match for your desired name, that doesn’t necessarily mean it’s available. Trademark examiners often refuse applications for marks that are similar, not just identical, especially if they cover related goods or services.”
For example, in the United States, the USPTO (United States Patent and Trademark Office) examines applications closely and can cite confusingly similar marks, even if they’re in different product categories. Such refusals can be difficult and often impractical to overcome. Because of this, it’s best to consult trademark attorneys before filing. They can identify potential conflicts and help to assess the risks in advance. Cabilly & Co offers a step-by-step overview of the trademark process here.
“If you take the proper steps and conduct the recommended checks before choosing your trademark, as outlined in our guide, you’ll greatly reduce the chances of being suspended by Amazon,” Netz says. “It’s also important to note that each suspension case depends on its specific circumstances.”
Cabilly & Co. is scheduled to exhibit (Booth #531) at Prosper 2026, scheduled for March 10-12 at The Wynn Las Vegas.