Design Right Infringement Appeal
I’m looking for some advice following a third complaint made towards the product I am selling on Amazon UK marketplace due to design right infringement. I recently got my product deactivated as someone sneakily went and registered the design for ear plugs that has been market for over a decade in amazon UK marketplace.
I have spoken to my supplier in China and they are happy to provide me letter of authorisation and CO documents as they have said similar issue that has happened to their other customers in UK and they successfully mange to win the appeal while I am waiting on documents is there any other suggestions? Worse case scenario if I lose my appeal will I be able to sell in EU market? I have check on EU design rights website but cannot find the product being registered there.
Again I can see other sellers selling the same products without any issue I know it doesn’t mean anything but how they are able to sell and I have been blocked to sell.
Any thoughts or comments or any similar experience please?
Seller_LfNOwXVRVIZGm
Hi All,
Just to give you update amazon has accepted my appeal I send them all the proofs from communication I had with scammer last time and also with the design owner this time and after going back and forth I had email from amazon confirming they have restored my listing.
I would like to say special thanks to @Julia_Amazon who assisted me and help me out I really appreciate your effort so thank you once again hopefully this will help others who are victim of such scams.
Regards,
Anwar
70 replies
Julia_Amzn
Hello @ AandA_Global_Ltd,
Thank you for reaching out to us!
I believe, that you have received a communication with the appeal guide. Please follow the instruction and attach required documents. Your listing should be reinstated based on a valid appeal.
If you have more questions during this process, please don’t hesitate to reach out!
Kind regards,
Julia.
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
Yes I have received an email and appealed on the basis that currently design owner is limited to colour specific only as per IPO you need to put disclaimer if design right is not specific to colour only which is not been mentioned on their design limitation so I am clearly not copying their design as my colours are different.
Regards,
AandA Global Ltd
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
I did mention in my appeal that my colours are different and I have provided the image of live colours, if its image on listing causing the issue then I am happy to change and I can only do this once I am listing has been restored.
Please advise next steps.
Regards,
Anwar
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
I have submitted my appeal again accepting it was an honest mistake with no intention of infringe of design and that I am willing to go through my listing and correct it as soon as I have access to fix it.
Regards,
Anwar
Seller_LfNOwXVRVIZGm
Hi,
Also to add currently the designer is only protected to specific colour only as they have mentioned any disclaimer saying its not limited to colour only please see reference from IPO GOV
For example below product for design regardless of its colour
Whereas in my case the designer haven’t got disclaimer that its not limited to colour
I hope this clarify things here.
Regards,
Anwar
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
Thanks for your reply however I am confused as to why I still need to provide document from design owner? Like I said I am not selling the registered colour, amazon can check my inventory in their warehouse to confirm if its needed?
I called IPO office and they have also confirmed that the design is only limited to one colour only.
Yes I have contacted the Account Health support and I have explained them everything however they have asked me to wait for internal team investigation.
Regards,
Anwar
Julia_Amzn
Always pleasure to help Anwar!
Before the listing has been taken down, was there information about colors of your products?
Julia.
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
I don’t remember this I don’t recall putting any colour description when listing was created there was no required attribute to specify colours.
Regards,
Anwar
Seller_LfNOwXVRVIZGm
Good Morning Julia,
Thanks for your reply, Will the main image showing light blue will not help? If you have access to my listing in backend you will find that my main image is showing visibly light blue colour?
Also I have confirmation from IPO in email saying the design is limited to specific colour only and I am allowed to use the design in different colour.
My supplier has sent me draft of the letter however it doesnt have the owner right authorisation as they never supplied me the colour that I have been complaint against, will letter still help from supplier?
Regards,
Anwar
Seller_LfNOwXVRVIZGm
Hi @Julia_Amazon,
If you see in my listing you will find on multiple images that I have different colour,
Will this help?
Regards,
Anwar
