False IP Infringement Claim - What next?
A competitor has registered the design of a product I am selling with the UK Intellectual Property Office. The product design is not new and lacks material differences from an earlier design when it was registered. The design is also older than 2 years so it cannot be legitimately registered with the IPO.
The IPO office do not check applications and therefore approve everything and then issue a design patent certificate to the applicant. The competitor has then used their design patent certificate to have my listing removed from Amazon. I am now going to apply, through my IP lawyer to have their design patent cancelled but this will take time, probably more than 2 months. In the meantime, does anyone have any experience of what I can do to have my listing reinstated? I can’t afford to have my listing down for 2+ months.
False IP Infringement Claim - What next?
A competitor has registered the design of a product I am selling with the UK Intellectual Property Office. The product design is not new and lacks material differences from an earlier design when it was registered. The design is also older than 2 years so it cannot be legitimately registered with the IPO.
The IPO office do not check applications and therefore approve everything and then issue a design patent certificate to the applicant. The competitor has then used their design patent certificate to have my listing removed from Amazon. I am now going to apply, through my IP lawyer to have their design patent cancelled but this will take time, probably more than 2 months. In the meantime, does anyone have any experience of what I can do to have my listing reinstated? I can’t afford to have my listing down for 2+ months.
5 respuestas
Seller_k2X0L9mVRT0pW
there isn’t anything you can whilst Amazon recognise and acknowledge their IPO design.
Sarah_Amzn
Hello @Seller_5OS1ORz1iGwqb,
This is Sarah from Amazon. Thank you for posting on Forums.
Regarding your issue, have you tried to contact Seller Support?
Also, could you please share with me the ASIN of the product so I can take a look?
Regards,
Sarah
Seller_CNXMnZmfYYY3b
Your best bet is contacting the person who took your product down via the email provided when they made the IP claim. It's not what you want to hear but Amazon will not reinstate your product. If you try make sure you use an appeal template but speaking from experience I would say the chances of that working are less than 5%.
if the person who made the claim revokes it, then we will reinstate right away. if you have legitimate claim, something that has worked is having your lawyer put together a letter/email detailing why their design is not legitimate and threatening legal action. I'm not suggesting this though because that can have it's own risks.
