Here's how the trade war could lead to a boom in counterfeit products

Dyan Finguerra-DuCharme, a partner in the Pryor Cashman law firm, specializing in intellectual property, including brands, says it's happened to his clients.

"[The counterfeiters] file a document with the trademark office that says "Our email address has changed". Then they consult the Amazon Trademark Registry and are told, "We are the owner of this trademark." And they give their email, "she said. Amazon then reviews the USPTO records and confirms the email. At this point, Amazon gives them access to all their tools, as the legitimate owner of the brand. With access to these tools, they can delete legitimate products. And they can make sure that their own counterfeit product is sold on Amazon. "

The Amazon Trademark Registry is designed to help brands protect their "intellectual property and create a trusted experience for customers on Amazon," according to the program's website.

"Amazon's proactive technologies and services for brand protection, including the Trademark Registry, are becoming more and more effective, so bad players are trying to find new ways to abuse our brands. We are working closely with brands, the USPTO and others to continue to strengthen our protections and stay ahead of these bad actors, "said an Amazon spokesperson in an email. The company declined to give more details about its trademark registration program.

Amazon said it strictly prohibits the sale of counterfeit products.

"We are also working closely with sellers, sellers and rights holders to strengthen the protection of their brands on Amazon," said the spokesman. "We remove suspected counterfeit items as we become aware of them, and we definitely stop bad actors from selling on Amazon."

When the USPTO receives a change of address for an email on a brand, it sends an email to the old address for confirmation, according to Finguerra-DuCharme.

There are no statistics on the number of times the scheme has taken place because it is relatively new. "For my clients alone, I've received about 12 or 15 of these email alerts," she said.