Brand Registry Registered Design Issue - competitor will not give up!

Hi,

Last year a competitor appeared with a carbon copy of an item which I designed and have the Registered Design Rights for. I complained to Brand Registry and the ASIN was removed.

In January of this year, the same seller returned with a slightly modified design, still almost identical to mine. I again complained to Brand Registry and the ASIN was removed.

I noticed last night that this ASIN which was removed in January is now back on Amazon. I checked my Brand Registry log, and the complaint I made in January which was originally upheld, is now saying declined (as of March 2022).

I can think of two reasons why this might be. The first is that when I made the complaint in January, I linked to my Registered Design on the IPO website but unfortunately linked to one which expired in Feb 2022. (A copy was made of my EU design rights in the UK when the UK left the EU - I didn’t realise I had a two).

The second reason I can think of is that I’ve found that this seller has now got their own Registered Design, in the same class and with illustrations which look virtually identical to mine!

I phoned the IPO today and they told me how I can get theirs invalidated due to not being an original design.

Does anyone have any experience with the Brand Registry complaint procedure who could tell me if I am best escalating the original case from January, linking to my correct Registered Design which is still active, or waiting until the IPO have removed this sellers Registered Design?

I don’t know if I’m best waiting until the sellers Registered Design is cancelled in case I only get so many attempts to complain with Brand Registry about the same ASIN.

Any advice regarding this will be most appreciated.

Many thanks, Damian