Palo Alto, CA asked in Intellectual Property and Internet Law for California

Q: Copying my products from Alibaba to Amazon

I am a seller on Alibaba and would like to copy my products to a new Amazon account. But I have read the below in Alibaba t&c's. Does this mean as the IP owner I cannot use my Alibaba content to copy and upload new products to my Amazon account?

3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Alibaba.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes)

1 Lawyer Answer
Robert P. Cogan
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  • San Diego, CA
  • Licensed in California

A: Facts are needed for an answer. For example, what content was contributed by Alibaba? What content did you use before you were on Alibaba? Also, you appear to be ignoring Amazon T&Cs. The words of the T&Cs are not self explanatory and need to be interpreted. It looks like the choices are to consult an intellectual property attorney or just roll the dice.

Kathryn Perales agrees with this answer

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