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Unjust trademark violation please look at the comparison
CASE ID 10847273382
I have a trademark policy violation which I do not understand how it is a real violation. This will NOT hold up in court as it would not get confused, we are getting bullied by a bigger seller here. What are my options?
@Winston_Amazon @Ezra_Amazon
Our product:
A Christmas themed black boxed card game about doing physical challenges for adults named "more VS less".
The trademark complaint product:
A white family game with a completely different design about guessing facts named "more OR less"
Why do I not have the ability to argue this in an appeal? All I can do for options is upload their letter stating I can use their trademark when I haven't even infringed on their trademark.
Their words:
more vs less is confusing and buyers will think it's our product"
I highly doubt it as they look entirely different.
17 replies
Seller_ZJhFeE3tNKzfh
I highly doubt it as they look entirely different.
Aside from the fact they are boxed card games that contain the words more and less in big letters.
If you are asking for opinions, I’d say that the fairly long standing card game More or Less might have a case, especially as they have a trademark in the card games classification.
How the boxes LOOK isn’t the issue. Its the name. I don’t think changing or to vs is enough.
Im not a trademark lawyer but Lidl and Aldi produce products with FAR similar rip off packaging but they don’t use the same words for the product.
If this was called anything else other that More vs Less you’d be ok.
Seller_9142Dj5WApWFI
I looked at the trademark registration and the More or Less is a figurative registration rather than the words. It is the logo they have registered.
But you have used a very similar font, arranged it in a similar pattern with an offset style similar to the trademark. You both sell a board game with a similar theme and the trademark is registered in that class.
If I typed 'more or less game' into Amazon search, both of your games will turn up as competing products. A Christmas edition of 'their' game. As the trademark owner, they must enforce their trademark or else it becomes redundant. It also prevents them from releasing a Christmas edition of their own game.
Amazon aren't going to help you one bit or make a judgement. My two cents. Rebrand your product.
Seller_xU4h6ZbAduf0O
I think you are failing to grasp that the Amazon Mods are probably not qualified to deal with issues like this.
And i doubt Amazon as a company will get involved in legal matters pertaining to a dispute between brands and IP when this is a legal matter that you should be taking up with the relevant brand directly that is claiming the violation.
You need to consult a specialised IP lawyer and not pin your hopes that Amazon will agree with you because you say you are right.
And no, i am not an Amazon bootlicker (as you so eloquently insult those giving you opinion or advice)
This is an open forum for sellers, and this is where YOU chose to post so everyone can see, rather than take the direct route to escalation with Amazon through their correct channels.
And also as an outsider looking in, i too would confuse these 2 brands to be the same, regardless of box colour etc.
The emphasis is on the 2 words MORE and LESS (both versions capitalised in the same font), and the vs and or being in smaller font, which looks to me like a deliberate attempt to confuse buyers into thinking they are one and the same brand and garnering sales through someone elses hard work and expense.
Can i start a brand called Amazon Online Selling Platform with red and blue colours and claim that it is 75% worded different in completely different coloured theme? I would sincerely think i would be in court quicker than i can blink.
But we here are just stupid sellers with no business experience or any knowledge of trademarks, branding or IP compared to your vast knowledge, but we must be doing something right though as it appears most of us are not facing an IP battle with our brands ???
Look forward to your thumbs down.
Seller_30wrcrU7WPCiY
@Seller_ZJhFeE3tNKzfh
@Seller_9142Dj5WApWFI
@Seller_xU4h6ZbAduf0O
@Seller_k2X0L9mVRT0pW
@Seller_KoWHfm8kasz9x
Ok I need to change my tone here. I am really sorry for the way I have acted on this thread. Actually it's disgusting. This whole issue has beat me down so badly that I can't see that people that are just trying to help and I'm just raging at everyone.
I genuinely feel awful for how i've been talking to you all. I hope none of you take it personally as I have.
Something about the way Amazon beats you down over and over again and while this is definitely my fault here and I should have done more research before designing a product, it still feels like the Amazon machine at the end of the day.
I want to change my attitude here as this is not doing me any favors and it's definitely making the situation way worse, on and off Amazon, especially regarding stress levels.
Sorry guys, I let it get the better of me.
Seller_9FMzWra3ETniX
Hi,
I would suggest speaking to an IP Lawyer. I'd be taking the same action if I were in their shoes. Having gone through something similar I am aware of how stressful this can be.
It will cost you some money for a Lawyer to get involved and speak to their legal team. I kept the costs down by drafting my own responses (Using Chat) and providing to my Solicitor to proof and send on.
My suggestion to you would be to offer to significantly rebrand your game, to remove any conflict, but for that concession they allow you the right to sell through your existing stock in this design.
Thanks
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