Does Walmart care about IP (Intellectual Property) violation? How to get rid of the copycats?

Hi,

One of the products that I sell on Walmart is selling well and I started to see the copycats. I have a patent on this product could successfully get Amazon on my side to close those copycat listings on Amazon.com. Now those copycats start to appear on Walmart. I wonder if I could do the same thing on Walmart platform. Do they care? If so, how to start working on this? Anybody has experience with this on Walmart? Please share your thoughts/experience. Thanks.

Walmart accepts IP claims, just like Amazon. However, the bar seems a little lower. We provide an invoice and we are okay, regardless of who it is. They do have a requirement, depending on category, of the invoice being up to 6 months or a year old.

Thanks for your reply. What do you mean by “we provide an invoice”? Wouldn’t Walmart want to see the patent paperwork to verify that I’m the IP owner? Or are you talking about selling the third party brands e.g. 3M, Samsung, etc and providing an invoice to prove that you’re legit?

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I apologize for not being clear. Even though you were asking about protecting a brand, I answered from the other side.

We provide invoices to prove our items are legit. We do not worry about people on our own brands, though we do do occasional buys to check for counterfeits.

For your purposes I was able to google this link. Walmart IP / Copyright Claims

" IP Infringement Claims

Walmart respects the intellectual property (“IP”) rights of others and has set up the Brand Portal and the online IP Claim Form for owners of IP rights to report legitimate claims of infringement as to items listed on Walmart.com, including claims of copyright, trademark, patent, publicity and counterfeit. Walmart strives to promptly process and investigate such claims and take appropriate actions under applicable laws.

To make a claim of IP infringement, you will be required to declare, under penalty of perjury, that the information provided is correct and that you are the IP rights owner or an authorized agent. To understand what constitutes infringement, continue reading. To make an IP claim now, visit the Brand Portal or fill out the online IP Claim Form. If the information you submit is inaccurate or incomplete, we may be unable to process or respond to your request. If you have questions about IP or whether your rights have been infringed, consider seeking legal advice."

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I needed to get a primary picture changed to a white background. I was the one who created the listing and really don’t know how the black background ended up as PRIMARY.

I had to submit my trademark certificate under Walmart’s brand portal.

NOW…that was a while ago and I don’t remember details.

But once submitted, my picture problem got fixed. It was almost the only lsting I created that where I had to prove I was the brand owner.

I also don’t have many folks that “sell one too” on my listings.

So not a full answer…but partial?

I don’t know that Walmart only allows trademark owner to change the listing pictures. That’s actually an excellent policy. Unlike Amazon where anyone could change anything in any listings. It’s insane. I think Walmart got this one right.

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I am not 100% sure about that statement

I was working to clean up my listings and got that for an excuse.

Other listings that I created were no problem. Switching out the main image went smoothly.

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If you have an account manager it is relatively easy to fix issues like this. If you do not, it can be a struggle.

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Thanks for your reply. What are the requirement to get an account manager? Do I have to be a super seller (sell a boat load of stuff) or pay Walmart or something else?

How much struggle? Could you elaborate? Please advise.

We had very little success in fixing anything on a page that we did not create. The manager has told us that an abandoned page(abandoned by the creator) can be assigned to us if we are selling on it, and it will then accept our changes.

When you open your account, you should have a contact assigned to you. Now, how to find out who that is, is the question.

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Oh sorry. I thought you were talking about getting Walmart to help me kicking out those copycat products (that I have a patent) on Walmart.com. I sell private labels. Therefore I created all listings and could modify them without any problems.

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I think I gave you the page already for the IP complaints? Have you tried it already?

I do not have an account manager.

So yes, how would a seller get one? I was allowed one phone call – period – to get help on boarding. Then the number never worked again.

I did get someone to help me get my account with Walmart back who had direct access to someone…and only paid once it was reinstated.

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Thanks for reminding. It’s on my to-do list but I’ve got sidetrack that day and haven’t done it. Appreciated all info that you provided :slight_smile:

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It has been a really long time since we jumped on Walmart so I really do not remember how we qualified. However, I will try to find out.

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