Design Rights Infringement - COLOUR
Hi Everyone!
I will really appreciate your input.
I received Design Rights Infringement email about one of my products today. When I researched the design number on gov.uk website, the number pops up as something that has been registered but there is ZERO description or photos! No photos at all! No description, nothing. It can be any product, anything, since there is no description or photos. Clearly this isn’t a properly registered design if there is no way of checking how it looks like? I feel like this has been done malisciously since my product was one of the top sellers in a very saturated niche.
The issue is I sell this product in two colour options - orange and colorful one. Only the colorful variation has been blocked, but orange one has not. I read that design rights infringement cannot be based on colour, but on design only. This does not seem to make any sense.
Did anyone have a similar experience and could advise please? I would really appreciate it.
Thanks
28 replies
Seller_u4SFdJKMStDfU
Does it have to be an actual colour perhaps? Try Multicolour that’s a colour option.
Seller_ZCqz0w6wj2EqQ
I know you guys have huge knowledge, could you please help
@Abel_Amazon
Seller_BS5lg2keRs2QO
I’m sure someone posted about that product or one very similar recently. Don’t remember the issue but might be worth you doing a search.
Seller_u4SFdJKMStDfU
“Colorful” has been trademarked.
As I’ve already said try using Multicolour.
Seller_64jziShTiTjOq
Then you read wrong. A registered design can include colours
Seller_PsNMzvv4sLzXk
Belive it or not it happened to us when one of our products in Electronics and Photo category in Blue was blocked and removed due to infringement notice while the other colours remained active! I noticed the one that was removed was promoted by Amazon as Amazon’s Choice says everything!!!
Seller_A8nweDFjCrjjn
Hi
Can you post the wording of the infringement email please?
When you apply for a design right you normally have a disclaimer such as “no claim is made for colour” but it’s not compulsory.
With regards to what you’ve found on the IPO site that is very strange.
Seller_TuaPKpy4o1ivJ
hi
can u please tell the patent or trademark number ?
Thanks
Seller_ji0JxX1G3evwc
Hi Asteries,
We also had exactly the same issue. Our products were blocked for copyright infringement.The design patent has no description and just shows a colour. We put our reasoning with the support team but they were least interested and kept on replying with the same statements. Eventually, the complainant agreed with us selling our remaining inventory and no more future orders.
In our investigation, the patent is not all comprehensive and Amazon should not be entertaining these policy violation requests.
Will be helpful to know what others think.
