Urgent Help Needed: False IP Design Infringement Claim and Listing Removal
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
2 replies
Seller_Tx4Km01GPPwlw
Hi @Simon_Amazon@Winston_Amazon@Maja_Amazon@Sarah_Amzn@Julia_Amzn any help would be much appreciated as i am going round in circles with seller support , who have told me to contact the account health team who then ask me to send a letter of authorisation, Which i have but they still require more information. Im not sure what else i can do please help as i have a hugh shipment which is on its way to the warehouse as we speak.
This is clearly a Violations of Amazon Policies:
Misuse of Amazon's Notice and Takedown Process:
The complainant's actions violate Amazon's policy against "Misuse of Amazon's Features or Services" as outlined in the Selling Policies and Seller Code of Conduct
False or Misleading Claims:
By asserting rights over a design that lacks novelty and individual character, the complainant has provided misleading information to Amazon. This contravenes the policy requiring sellers to "Provide accurate information to Amazon and our customers at all times"
Unfair Competition:
The complainant's actions constitute an attempt to damage our business and manipulate the competitive landscape. This violates Amazon's principle of fair competition and the prohibition against "attempting to damage another Seller, their listings or ratings"
Abuse of Intellectual Property Rights:
The complainant's design registration appears to be invalid due to lack of novelty. Using an invalid IP right to remove competitors' listings is a clear abuse of the system and goes against Amazon's intellectual property guidelines.
Violation of Anti-Manipulation Policy:
By using a questionable design registration to remove a competitor's listing, the complainant is effectively manipulating search results and damaging fair competition, which is explicitly prohibited by Amazon's policies.
Please help!!!
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw, I responded to your question in the previous thread: 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!!!
I will close this one as a duplicate.
Cheers,
Julia.
Urgent Help Needed: False IP Design Infringement Claim and Listing Removal
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
Urgent Help Needed: False IP Design Infringement Claim and Listing Removal
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
2 replies
2 replies
Seller_Tx4Km01GPPwlw
Hi @Simon_Amazon@Winston_Amazon@Maja_Amazon@Sarah_Amzn@Julia_Amzn any help would be much appreciated as i am going round in circles with seller support , who have told me to contact the account health team who then ask me to send a letter of authorisation, Which i have but they still require more information. Im not sure what else i can do please help as i have a hugh shipment which is on its way to the warehouse as we speak.
This is clearly a Violations of Amazon Policies:
Misuse of Amazon's Notice and Takedown Process:
The complainant's actions violate Amazon's policy against "Misuse of Amazon's Features or Services" as outlined in the Selling Policies and Seller Code of Conduct
False or Misleading Claims:
By asserting rights over a design that lacks novelty and individual character, the complainant has provided misleading information to Amazon. This contravenes the policy requiring sellers to "Provide accurate information to Amazon and our customers at all times"
Unfair Competition:
The complainant's actions constitute an attempt to damage our business and manipulate the competitive landscape. This violates Amazon's principle of fair competition and the prohibition against "attempting to damage another Seller, their listings or ratings"
Abuse of Intellectual Property Rights:
The complainant's design registration appears to be invalid due to lack of novelty. Using an invalid IP right to remove competitors' listings is a clear abuse of the system and goes against Amazon's intellectual property guidelines.
Violation of Anti-Manipulation Policy:
By using a questionable design registration to remove a competitor's listing, the complainant is effectively manipulating search results and damaging fair competition, which is explicitly prohibited by Amazon's policies.
Please help!!!
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw, I responded to your question in the previous thread: 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!!!
I will close this one as a duplicate.
Cheers,
Julia.
Seller_Tx4Km01GPPwlw
Hi @Simon_Amazon@Winston_Amazon@Maja_Amazon@Sarah_Amzn@Julia_Amzn any help would be much appreciated as i am going round in circles with seller support , who have told me to contact the account health team who then ask me to send a letter of authorisation, Which i have but they still require more information. Im not sure what else i can do please help as i have a hugh shipment which is on its way to the warehouse as we speak.
This is clearly a Violations of Amazon Policies:
Misuse of Amazon's Notice and Takedown Process:
The complainant's actions violate Amazon's policy against "Misuse of Amazon's Features or Services" as outlined in the Selling Policies and Seller Code of Conduct
False or Misleading Claims:
By asserting rights over a design that lacks novelty and individual character, the complainant has provided misleading information to Amazon. This contravenes the policy requiring sellers to "Provide accurate information to Amazon and our customers at all times"
Unfair Competition:
The complainant's actions constitute an attempt to damage our business and manipulate the competitive landscape. This violates Amazon's principle of fair competition and the prohibition against "attempting to damage another Seller, their listings or ratings"
Abuse of Intellectual Property Rights:
The complainant's design registration appears to be invalid due to lack of novelty. Using an invalid IP right to remove competitors' listings is a clear abuse of the system and goes against Amazon's intellectual property guidelines.
Violation of Anti-Manipulation Policy:
By using a questionable design registration to remove a competitor's listing, the complainant is effectively manipulating search results and damaging fair competition, which is explicitly prohibited by Amazon's policies.
Please help!!!
Seller_Tx4Km01GPPwlw
Hi @Simon_Amazon@Winston_Amazon@Maja_Amazon@Sarah_Amzn@Julia_Amzn any help would be much appreciated as i am going round in circles with seller support , who have told me to contact the account health team who then ask me to send a letter of authorisation, Which i have but they still require more information. Im not sure what else i can do please help as i have a hugh shipment which is on its way to the warehouse as we speak.
This is clearly a Violations of Amazon Policies:
Misuse of Amazon's Notice and Takedown Process:
The complainant's actions violate Amazon's policy against "Misuse of Amazon's Features or Services" as outlined in the Selling Policies and Seller Code of Conduct
False or Misleading Claims:
By asserting rights over a design that lacks novelty and individual character, the complainant has provided misleading information to Amazon. This contravenes the policy requiring sellers to "Provide accurate information to Amazon and our customers at all times"
Unfair Competition:
The complainant's actions constitute an attempt to damage our business and manipulate the competitive landscape. This violates Amazon's principle of fair competition and the prohibition against "attempting to damage another Seller, their listings or ratings"
Abuse of Intellectual Property Rights:
The complainant's design registration appears to be invalid due to lack of novelty. Using an invalid IP right to remove competitors' listings is a clear abuse of the system and goes against Amazon's intellectual property guidelines.
Violation of Anti-Manipulation Policy:
By using a questionable design registration to remove a competitor's listing, the complainant is effectively manipulating search results and damaging fair competition, which is explicitly prohibited by Amazon's policies.
Please help!!!
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw, I responded to your question in the previous thread: 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!!!
I will close this one as a duplicate.
Cheers,
Julia.
Julia_Amzn
Hello @Seller_Tx4Km01GPPwlw, I responded to your question in the previous thread: 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!!!
I will close this one as a duplicate.
Cheers,
Julia.
