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Reported intellectual property infringement
Recently we were alerted to a reported IP infringement on two of our products.
The IP infringement was reported in the Spanish market based on a recently granted Utility Model design for a 'Thermal Protector for electronic devices'. This is a simple design, basically a folded metal or plastic plate with a shade over the top for use in an enclosed vehicle like a car. For those that are no familiar with Utility Models, they are a simple, cheaper form of Patent with much less scrutiny given to the justification or innovation claims. We don't have them in the UK but they are used in some EU countries, China, etc.
The Spanish owner of this IP claims that our Motorcycle GPS cases infringe their Utility Model even though the two products are completely different (theirs inside a car / ours on motorcycle handlebars where thermal protection isn't needed) , have different uses (theirs thermal protection / ours waterproofness) and look completely different (theirs a formed plate where the device sticks to the front / ours fully enclose the device.
I am the designer and manufacturer of the products and the brand own (registered as such with Amazon Brand registry). Our products also predate the Utility Model submission by 9 years. They were available years before it was granted.
To dispute the above infringement I have submitted a detailed rebuttal in a word document with details of the Utility Model and pictures and descriptions of our products but Amazon say that is not enough.
Has anyone else had a similar experience ? No one at Amazon seems prepared to actually look at the case.
0 replies
Seller_MAUyfVZjtEVhY
Can someone from Amazon please help me with this. All I get from the Account Health team is the same request for meaningless documents. No one is actually reading what I send.
PLEAE HELP !!!!!!!
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