Dear Sellers,

I'm facing a challenging situation and would appreciate your insights and experiences.

Here's what happened:

A competitor filed a design infringement claim against our new product listing.

Our design is different in many ways from the complainant's.

We've located their design registration on the UKIPO website, which was registered only a few months ago.

We have evidence that this design existed years before their registration date, falling under the grounds for invalidation as per Section 11ZA of the Registered Designs Act 1949.

Our listing has been removed by Amazon due to this claim, with new stock about to arrive at Amazon's fulfillment centers.

We've contacted the invalid rights owner, requesting they cancel their design registration and retract the Amazon complaint, giving them 7 days to comply. We've informed them that the product design was available in the public domain years before they even started selling on Amazon.

There are several other sellers still offering this product and have been for the past 3-4 years.

We're preparing to file for design invalidation with the UKIPO and pursue legal action for unjustified threats if necessary.

Has anyone faced a similar situation? I've noticed several threads where sellers have successfully had their listings restored after false infringement claims. Any advice on how to expedite this process with Amazon would be greatly appreciated.

Specifically, I'm looking for:

Tips on effectively communicating with Amazon about false infringement claims

Experiences with design invalidation processes

Successful strategies for getting listings reinstated quickly

Thank you in advance for any help or insights you can provide.

Kind Regards,

Naeem

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

I wonder if anyone can advise?

A competitor has had me removed based on a design infringement claim which is false. I have submitted information to Amazon to show how my design differs from theirs, and submitted evidence of my own design registration.

I keep getting an automated response asking me to provide the information I have already submitted.

Does anyone know how I can get this looked at?