Amazon is declining our design patent infringment claim. Amazon is complicit in allowing infringment violation of our patent.
We designed a great product and had the clarity to file for Design Patents knowing how chinese sellers copy everyone and everything. The design process was long and expensive, and the product is selling successfully.
And.. just as we predicted, a Chinese seller copied our exact design without a care in the world down to the last detail! . We patiently waited for our design patent to be issued (process takes about a year and a half!) On Oct 8, our patent was finally granted! We were looking forward to this moment, after waiting all these months and watching how infringing sellers are eating into our sales.
We used the report a violation tool and just got a response where they declined our claim! This is truly frustrating and disappointing! Amazon is complicit in this violation by allowing this seller and failing to remove this product. The email seemed like a generic response where they wrote " that they believe that the design of the asin is not substantially the same as our patent. I am pretty certain this reply is by a bot and the claim was not reviewed by a human. There is no shred of a doubt that the asin is an exact copy of our prroduct and our design!!
Please advise which team handles such issues and what legal actions we can take?
I would appreciate any mods who are with legal or IP to assist us in this urgent matter.
10 replies
Dougal_Amazon
Hello @Seller_3bHV1IsBEqKW0,
My name is Dougal from the Community Manager Team and I am sorry to hear you are having trouble successfully filing a successful infringement complaint.
I am happy to take a look and provide some feedback accordingly, just need the complaint ID and I will review.
I look forward to assisting wherever I am able
Best, Dougal