Suspected intellectual Property Violation
Hi,
I’m new to Amazon Seller’s, I’m having trouble listing my first item which is wireless earphones (Airpods) however these are NOT an Apple branded item. I know there is a trademark from Apple for Airpods & wireless headphones however I’ve not included these in my product description.
I’ve listed as a generic product with an amazon exemption as there is no brand on the packaging or imagery. However my listing is still being asked to, “If you believe that Amazon has removed your ASIN(s) in error, please include supporting documentation like a letter of authorization or licensing agreement permitting you to use AirPods trademark.”
There are lots of other variations of these wireless earphones on Amazon. I’m sure there is something really simple that I’m missing
Thanks
Seller_DROodOAYHftnc
Have you used the word ‘airpods’ anywhere in your listing ?
Seller_24Bec1n3QCVmi
I imagine the issue is that the DESIGN of your product is a copy of the airpod design. They are not just wireless earphones but they are made to look identical to AirPods which is a registered design.
Seller_eX3efwiicfJlw
It looks like they have given you a design copyright violation. These earphones look very similar to AirPods.
Seller_EeJ1yGk01BLHs
Is everyone here being really polite on this thread ? It is clear why Amazon are not allowing you to list this product. On this occasion, Amazon has clearly done the right thing.
Seller_aOogeQQcgrYam
Agree on the polite responses. These are clearly cheap Chinese AirPods knock-offs, and don’t belong on Amazon!
Sell them on eBay, or at your local market or car-boot.
Seller_StUq1Kke2yC4l
With Copyright Design there requires to be a minimum of 5 clear points of difference for it not to be a “Copy”. However getting Amazon to acknowledge that there are 5 points of change (some of which can be seen in the images) will be very difficult, as they are just not trained in it and anything that is too much work is not worth it for them! As by allowing the sale they may bear a responsibility for infringement if any potential case was successful! Who would Apple go after? You (where they would get nothing) or Amazon (where they could win a substantial pay out!).
Basically buying anything from China and hoping to sell it on Amazon as your own Brand is a risk! For example: Do you have all the relevant CE mark documentation that is required for ALL electrical devices, including wireless headphones?
Seller_gJ2fN50OuoEgT
Thanks all for the polite responses! I understand where the negative comments arise from however there are lots of non Apple branded ‘wireless earphones’ that have managed to be listed on Amazon. Although, perhaps they have significant design differences.
Maybe it is best to try Ebay with this product
Seller_O6z7hKI9l9afb
You are trying to brand something as your own/generic, that already has listings on amazon and its own brand…TWS.
Seller university would be my suggestion
Seller_a71PzvzRJM0fe
I had an issue with ikea for a sticker that went on a storage box. that box was from ikea and was in the image for display purposes.
we were not selling the box and stated that the box wasn’t included without mentioned anything about ikea. that was a generic white plastic box and it still got flagged so i imagine apple will have a system in place to catch clones of their product from the images.
i deleted the listing because it wasn’t worth the hassle for me but sounds like you have just hit bad luck here.
Seller_GNTMQxhMTDfcA
Ear pods of any brand must be in certain shape in order to fit in human ear.
I agree that all trying to copy Apple brand but its the same situation with shape of a car or TV…they all look similar.
i.e. I didn’t see TV in triangle shape, because rectangular shape is patented for example by SONY.
