Has anyone managed to successfully lift an invalid Design Right claim? + How Broad is a Design Right?

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Seller_b1TpDL1b2ZLa2

Has anyone managed to successfully lift an invalid Design Right claim? + How Broad is a Design Right?

Just as I was shutting down the office for Christmas I had a notification that a competitor has claimed against my ASIN. For nearly 2 weeks I have been banging my head against the wall trying to get it lifted. A very depressing and distracted Christmas period.

What I find truly baffling is the pictures showing on their registered design are not even the same shape product AND my supplier holds a PATENT for this product in the EU!

I submit these documents through the appeals process to Amazon and every time they just reply back with the super unhelpful copy-and-paste response saying I need a letter of authorisation from the rights holder.

In addition to this there are dozens of other sellers offering a similar item, some of which sell WAY more than me so it really feels like I have been unfairly targeted.

Does anyone know how broad of a spectrum of products does a Design Right even cover? it seems Amazon support doesn't even know the answer to this.

For example if you registered a design right for a cat shaped plate, could you only hold authority over all cat shaped plates, or could you claim against any plates of any kind? If the latter is true then there should be ZERO other products in the category my product is in, the design right holder who has claimed against me should be the ONLY listing on offer!!

A sincere thank you in advance to anyone who is able to offer any help.

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JiAlex_Amazon

Hello @Seller_b1TpDL1b2ZLa2

Following on this post. Understand this could be very frustrated, this type of investigation is very specific and very sensitive. My best advice will be for you to request your supplier to provide you a letter of authorization.

And also, our advice is for you to upload all documentation on PDF or document format, to ensure not having any problems, sometimes they do not accept document under image formats.

Any assistance, don’t hesitate to reach out to our support channel.

Regards,

JiAlex

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