Dear Sellers,
I'm facing a challenging situation and would appreciate your insights and experiences.
Here's what happened:
A competitor filed a design infringement claim against our new product listing.
Our design is different in many ways from the complainant's.
We've located their design registration on the UKIPO website, which was registered only a few months ago.
We have evidence that this design existed years before their registration date, falling under the grounds for invalidation as per Section 11ZA of the Registered Designs Act 1949.
Our listing has been removed by Amazon due to this claim, with new stock about to arrive at Amazon's fulfillment centers.
We've contacted the invalid rights owner, requesting they cancel their design registration and retract the Amazon complaint, giving them 7 days to comply. We've informed them that the product design was available in the public domain years before they even started selling on Amazon.
There are several other sellers still offering this product and have been for the past 3-4 years.
We're preparing to file for design invalidation with the UKIPO and pursue legal action for unjustified threats if necessary.
Has anyone faced a similar situation? I've noticed several threads where sellers have successfully had their listings restored after false infringement claims. Any advice on how to expedite this process with Amazon would be greatly appreciated.
Specifically, I'm looking for:
Tips on effectively communicating with Amazon about false infringement claims
Experiences with design invalidation processes
Successful strategies for getting listings reinstated quickly
Thank you in advance for any help or insights you can provide.
Kind Regards,
Naeem