Design Right Infringement
Hi all,
I’m looking for some general advice and information regarding a violation I just received on my account for a Design Right infringement. I recently got my product deactivated and have been looking into what I done wrong and how to not make the same mistake again, as well as if I have any grounds for any potential appeal. The item itself are small magnetic balls that you can connect together to make various sculptures.
The products were purchased in bulk from China and was selling successfully until this notice. Amazon provided the Design Rights number (004726511-0001) and after some digging around I located this product here https://www.tmdn.org/tmdsview-web/welcome#. I would agree that this item is similar to my item so can understand why there would be an issue raised, but I do have a few questions. Presently they are asking for “Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove my your products do not infringe any intellectual property rights”
1 - Is there any form of recourse regarding this? I buy these from a manufacturer and they do not seem to be aware of anything they can send to back up my claim
2 - I can see several other listings of the same product (ASINs: B07FYB366V, B07MKBWPG2, B07SSG324B) from different sellers so I’m unsure why I was targeted directly and no others have had any form of take-down order. Could this claim against me be malisciously made from potential competitors?
3 - How precise are design rights? If the product was a different colour for example would this make a difference? eg. if I was selling a fork, surely somebody can’t claim the monopoly on forks in general and order all forks listed to be taken down
4 - If this claim against me stands, how do i prevent this from happening in the future? It was so difficult to search for the item in question and design rights around it even with the design rights number provided by amazon, I don’t understand how I would pre-emtively confirm a design in question isn’t already owned somewhere by someone.
Any help on these topics would be greatly appreciated, I don’t think it will be viewable but the item ASIN is B07RYP2SZ1
Thanks
11 replies
Seller_EJIX7rqDNQJi2
The fact that other sellers are still selling the same item means nothing. They simply weren’t caught/ reported yet.
Most items sold on Alibaba infringe on someone’s intellectual property rights as they are copies of existing branded products, which were originally manufactured in China for the rights owner but the factories then started producing their own, unauthorised versions.
We are talking about design, not colour. Small changes won’t make a difference.
I would advise you to remove the products in question and any other potentially infringing listings from your inventory and then wait for the defects to automatically disappear from your metrics after 180 days.
Seller_cJms0GbotqqtV
The only way to appeal this would be to send Amazon a letter from your supplier stating that the item does not infringe any intellectual property rights. If your supplier cannot give you such a letter, it suggests that the item does infringe IP rights. Amazon have started to crack down on this kind of listing, and put the onus on sellers to carry out due diligence to ensure that products they list comply with Amazon policy and legal requirements.
Paul
Seller_jaBDBqIeWQioA
Thank you guys for the insights. My concern going forward however is infringing on these types of listings in the future, if i find a product I consider OK to sell, how is the best way to find if this item already has “design rights”. It seems like a very blurred line from when something is considered as a different item and when its not… I guess its better to just play it very safe unless anyone has suggestions or tips?
Seller_KKcTTZzy6Jd6Q
Within the UK the law states you must have at least 3 significant points that differ from the existing patent, though there are exceptions to this rule they’re very rare.
