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my listing has been removed by a compeitor with a fake Patent, Please Help!
Hi Everyone & Amazon moderators,
Please can someone help me?
My new listing with a high amount of stock which is about to be delivered to amazon has been removed.
A competitor has starting registering Design IPs with the UKIPO office that do not belong to him.
These items have been for sale on amazon and elsewhere for the last 5 years.
He has then submitted a complaint to amazon and they have removed my listing for IP infringment.
This is clearly seller abuse and someone who is Misusing Amazon's Notice and Takedown Process.
Has anyone gone through the sama issue with an invalid IP of a design being used to take down there lisitng?
i have substantial evidence of more than 10 asins with the same design, which have been selling since 2020. They are also still for sale today.
How this persons managed to obtain an IP for some basic design which has been available everywhere baffles me.
He also done this with 7 other designs that clearly do not belong to him in the last 6 months.
I have done some research on the matter and his IP can easily be made invalid easaily but will take time which i cant afford at the moment with my stock being stuck at amazon.
Is there anyway of expediting this process to get my listing reinstated? As seller support havnt been so helpful and im still waiitng for a response from the account health team.
0 replies
Seller_d8YGbIjNqwFxn
This happens fairly frequently on Amazon. A seller will register a design for a product that has been in circulation for many years so they can remove the competition.
The fault really lies with the IPO who allows for these type of products to be registered. Amazon then just enforce it as the IPO says the design is registered.
You will have to apply to the IPO to get the design registration invalidated. Once the design registration is invalidated then you can appeal to Amazon stating the design registration is no longer valid. This process is not quick though.
Julia_Amzn
Hi @Seller_Tx4Km01GPPwlw,
Apologies for the delayed response.
Would you mind sharing a case ID with the notice of infringement or impacted ASIN numbers?
Thank you,
Julia.
Seller_nRhZxElkqUPAM
This happened to us before. They guy registered the IP to some random persons address in Birmingham. The fault is with the IPO for doing a lazy registration job. We got lucky as I managed to find this guy via some research and the matter was resolved quickly.
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw, I responded to your question in the previous thread: My New Listing has been removed for a Patent Infringement, But the person who made the claim only has a Design Right not a patent. PLEASE HELP!!!
I will close this one as a duplicate.
Cheers,
Julia.
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