Q: Hello im a small business owner and designer using public domain characters and images in my products

A: Dealing with Amazon regarding public domain characters can be tricky, especially when another company has trademarked aspects related to those characters. While public domain materials are free to use, trademarks can cover specific uses, names, or designs. You’ll need to make a clear case to Amazon that your use of the character does not infringe on any trademark rights held by the company that complained.

First, gather evidence that the character is in the public domain and provide documentation showing that your designs do not use any trademarks owned by the company. Highlight the differences between your products and any trademarked elements to show there’s no overlap. This can help demonstrate that you’re not violating trademark laws and, therefore, do not need brand authorization from that company.

When submitting this evidence to Amazon, explain in your appeal how public domain works and clarify the difference between copyright and trademark. Be concise, professional, and provide clear documentation, such as links to sources showing the public domain status. This approach can strengthen your position and potentially help you get your seller account reinstated without needing brand authorization.

A: As a small business owner using public domain characters, it's crucial to understand the difference between copyright and trademark law, especially when selling on platforms like Amazon. Public domain works are free from copyright, allowing you to use them without restriction. However, companies may still trademark certain aspects of these characters, such as specific logos, brand names, or merchandise. This could be the reason why Amazon requested brand authorization, even though you have not infringed on any copyrights.

The first step is to gather evidence proving that the characters you are using are in the public domain. This can include publication dates, expiration of copyrights, or legal references that confirm the character’s public domain status. By providing this information, you can show Amazon that no copyright exists on the character itself, and you are within your legal rights to use it in your products.

In your appeal to Amazon, clearly explain that your use of the character does not violate trademark laws either. While a company may hold a trademark for a specific use, such as a logo or branding, that does not extend to all uses of a public domain character. Emphasize that you have not used any trademarked logos, designs, or brand-specific elements from the company in question. You are only utilizing a character that is free for public use.

Additionally, check the specifics of the trademark claim by searching the U.S. Patent and Trademark Office (USPTO) database. This will help you identify exactly what the company has trademarked and confirm that your use does not overlap with their protected categories. If your products don’t infringe on the registered trademarks, use this information to further support your case in the appeal.

Finally, it may be wise to consult an intellectual property lawyer to ensure your appeal is strong and addresses all relevant points. Amazon's appeals process can be strict, and having legal support will help ensure you present your case clearly and effectively. With the right documentation and a well-crafted appeal, you can show Amazon that you do not need brand authorization and continue selling your products.