ASIN taken down for Intellectual Property Complaints
Hi guys,
my ASIN has been taken down due to patent infringement. After looking in to the claim, it seems like it is a design registration (which they registered last year) NOT a patent infringement. I have spoken with a solicitor who has advised that if i can prove prior art meaning the product being sold to the public a year prior to the design registration it will make the design registration invalid. Seems like this person has just seen an opportunity and knows the way Amazon works (nightmare to get through to anyone/getting issues sorted). Has anyone has this problem before? how did you manage to get your ASIN live again? any help/advice would be greatly appreciated as I have appealed the case with Amazon about 10 times now and providing different information and they just come back with the same automated nonsense response.
They are so useless at trying to help sellers.
0 replies
Seller_qZO3ZCjoBXEeL
Amazon are unlikely to rule on the finer points of a design or patent. Generally with these you’ll need to get the offending design/patent struck first, invalidating the basis of the Amazon complaint, then appeal to Amazon. Amazon are unlikely to look at your prior use and say, ‘gee, you are right we’ll ignore that legally registered design’.
Seller_77IcbQKVGdZo0
This happens a lot on Amazon people will register ‘existing’ designs and then use this to kick other people off the listing so they are the only ones to sell this product.
There was a case a while ago on Amazon where someone registered a generic cocktail shaker design and used this to kick other sellers off Amazon who were selling cocktail shakers.
I can’t find the thread at the moment but the way it was resolved was by having the design right invalidated and then the sellers could appeal to Amazon. Whilst the design right is live you are unlikely to get Amazon to back you…the only time they would is if your design is not the same as the registered design and it was a false accusation.
Seller_7VbclcPFFRTnc
Is it the pattern on your hoola hoops rather than the product itself as there are loads of weighted hoola hoops on the market
