I own a design patent and can't make a complaint due to smart competitors
Hi guys. I own a design patent for one of my product. I created this product by my self and registered design patent before start selling.
One competitor changed his old ASIN pictures to the same product which design patent I own. I mean seller took his old ASIN which was a totally different product and changed pictures, description, etc to a new product. So now hi’s selling same product what I’m selling.
The listing his changed have lot of variation of different products and one of variation now has my product.
I’m registered with the brand registry. My design patent infringement submission was declined. Amazon states that seller selling this ASIN much longer then my design patent exist.
What’s the point to register design patents if you only need to change an old listing and now one will be able to do anything?
Do you have any idea what should I do?
11 replies
Seller_2BrPSydGy6oyq
A patent is perhaps one of the strongest forms of IP protection, I would use the ‘report infringement’ form rather than brand registry route which Amazon should act on, if not then write to the competitor with a letter before action, if they ignore you, consider using an IP rights lawyer to deal with it as both the seller and Amazon could be liable if ignored?
Alternative, a letter to Amazon legal dept UK may have a better result.
Seller_xDtaDZ1Iek9Fq
is this identical to yours? can you give the 2 ASINs?
This might need to take outside Amazon, is the other seller based in UK/EU?