'infringement of "Apple" design patent in product detail pages'
Hi,
So I’ve just received a message from Amazon stating a new reason that my listing is not live in UK/France but is in the other 3 marketplaces.
“As per the update provided by our internal team, they informed us that they removed your listings because you may have improperly used Design Patents of “Apple” you do not have the right to use on the product detail pages for your listings.”
Now, my product detail pages contain nothing relating to apple, nothing claiming they are even similar to apple, same goes for my title/keywords etc.
The product I am selling is simply i7S TWS - a quick search on Amazon will reveal thousands of these listings.
My question is, how can I fix it, and fast? - because Amazon Seller Help have been all but.
I am making plenty of sales in .de markeplace, and my items don’t look to be infringing apple patents at all.
Not a great first sales experience on Amazon.
TIA
Carl
22 replies
Seller_cJms0GbotqqtV
I wonder if the problem is “i7S”, which may be a design registered to Apple.
As always, the fact that other sellers have listed an item does not mean that it is safe to do likewise. Amazon policies require every seller to do due diligence on items they intend to list, to ensure they are not counterfeit and do not infringe any IP rights.
Paul
Seller_qZO3ZCjoBXEeL
Design infringements aren’t about what you say, they are about the look and operation of the product itself. It appears that Apple probably consider the i7S to be infringing on their design rights and are looking to get it cleaned up.
You will have very little chance of appealing that I would imagine unless you can prove Apple do not have design rights to the product you are listing…
Seller_EJIX7rqDNQJi2
Well, the product which you are selling is a very apparent knock-off of Apple’s Earbuds. It’s a generic version of their own design.
I don’t understand how could you even list something like this. It’s basically asking for a suspension.
The fact that other sellers are still selling similar items cannot be used as an excuse. They just haven’t been caught yet.
Seller_H30uDcImwXfqL
Thanks for your replies,
Even Amazon help can’t actually explain what the problem is, their bots have scanned it and flagged it as a potential problem, I just don’t see how mine have got flagged when the thousands of them on there - haven’t.
I think they are just clutching at straws and guessing at the problem, cos I’ve had many different responses from their ‘help teams’.
It’s so frustrating, I’m thinking of chucking the bleeding lot in the river.
Tks
Seller_MY9Q2p66Nnd6z
They look very similar to AirPods and I am sure that Apple have a patent or trademark somewhere relating to these.
I would seriously stay clear of something like this otherwise you certainly would risk suspension!
