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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!!!
Dear Sellers/Moderators,
I would really appreciate if anyone could help me with this issue i have been facing for the last week. Im just going round in circles here and amazon isnt willing to help.
My listings have been incorrectly deactivated due to an alleged Patent Infringement.
The complainant, does not hold a patent for the product in question. They only possess a Registered Design number, which is distinctly different from the design I am selling.
The complaint was filed as a patent infringement, but no patent exists. This is a fundamental error in the basis of the complaint.
Even if we consider the Registered Design, my product does not infringe upon it.
The deactivation appears to be based on a misrepresentation of the type of intellectual property involved (patent vs. design right) and an incorrect assessment of similarity between the designs.
Has anyone faced similar issues, if so please could they share how they overcame this issue?
I have applied to invalidate the registered design at the UKIPO as this design has been available on amazon for sale since 2019 and was only registered in november 2023.
I am not sure what else i can do, seller support keep directing me to account health and account health just keep writing back to me with the same generic response. every time i appeal.
To add insult to injury there are over 20 asins selling the exact same product on amazon, this seller has targeted me individually.
I would appreciate if one of the moderators on here would take a look at this as well.
Kind Regards
Import Effects
18 replies
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw,
Thank you for reaching out.
The difference between Patent infringement and Design infringement can indeed be confusing.
I will be happy to review this case. Would you mind sharing ASIN numbers or infringement notice case ID? I can also reach out to you in a private message.
Kind regards,
Julia.
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