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Five actions an Amazon seller should take when a product listing has been removed because of an unjustified design right complaint

September 19, 2018

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Five actions an Amazon seller should take when a product listing has been removed because of an unjustified design right complaint

Many Amazon sellers have been reported for registered design right infringement in Europe, sometimes unjustifiably.  Amazon tends to take your product listing down, seemingly through an automated intelligence, without properly comparing your product to the registered design.  Having your listing taken down will adversely affect your credibility, your ratings, your customer base and your product sales.  It is extremely bad for business.  Many such Amazon sellers find the Amazon Appeal route to not be effective for a variety of reasons.  It often seems as though a robot is on the other end of the Appeal that is not capable of understanding that your product is not infringing the cited design rights.

 

Here are some steps that Greg Sach (lead European design attorney at Sach & Associates) recommends:

 

  1. Conduct a prior art search around the registered design right.  To be prior art, it must have been published before the filing date of the registered design right.  EU, and many national, design rights are registered without proper examination.  The search can be an Internet search, a search on https://euipo.europa.eu/eSearch/, an Amazon search for related products, eBay search, etc.

  2. Assuming you have found some good prior art, contact the complainer (using the contact details provided by Amazon in the infringement report email) and explain why you do not consider the design right to be valid.  Ask the complainer to withdraw the complaint (per the procedure described in the infringement report) or you will be required to take further action.

  3. Should 2) not be effective, file an invalidity or revocation action.  The official fee at the EUIPO for  revocation of an EU design patent is 350 EUR. 

  4. After filing 3), contact the seller again regarding a possible settlement and withdrawal of the Amazon infringement complaint. 

  5. After the registered design patent is invalidated by the EUIPO, inform Amazon and have your listing placed back online.  The invalidity decision will usually be issued within a matter of months. 

There are other options available but usually the above procedure will be effective if done properly.  Should you be having problems with unjustified infringement reports through Amazon for registered design rights, do not hesitate to

 

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