False infringement claims
Hi
I’m fairly new and looking for some assistance on how to handle this.
Someone (suspected competitor) has filed a design infringement case against a product we sell however we believe there to be a mistake because the design of our product is actually different from the claimed design.
In fact the handle of our product is physically a different shape, and functionally different too with additional features.
The very fact that our product is in fact different from the claimed design should mean that it’s easy for Amazon to see the difference and understand the mistake, but notice-dispute just keep sending me back the same blanket robot response.
What’s more infuriating is that there are many other products on the market which are far more aligned with the claimed design than ours and they are still active and selling.
What course of action should I take to get someone to actually read my emails or actually telephone me and talk it through.
I’m frustrated that something so obvious is just getting blanket robot answers sent back to me.
False infringement claims
Hi
I’m fairly new and looking for some assistance on how to handle this.
Someone (suspected competitor) has filed a design infringement case against a product we sell however we believe there to be a mistake because the design of our product is actually different from the claimed design.
In fact the handle of our product is physically a different shape, and functionally different too with additional features.
The very fact that our product is in fact different from the claimed design should mean that it’s easy for Amazon to see the difference and understand the mistake, but notice-dispute just keep sending me back the same blanket robot response.
What’s more infuriating is that there are many other products on the market which are far more aligned with the claimed design than ours and they are still active and selling.
What course of action should I take to get someone to actually read my emails or actually telephone me and talk it through.
I’m frustrated that something so obvious is just getting blanket robot answers sent back to me.
13 replies
Seller_rFJhzQS2UGB7q
What ASIN is it that has had the infringement claim? Did you create your own Amazon listing, or list against an existing listing?
Seller_EJIX7rqDNQJi2
If you are confident that the complaint is false, because your merchandise is authentic, doesn’t infringe on the claimant’s rights and able to prove it either with valid invoices or receipts, you can dispute it by providing Amazon the proof of authenticity.
Amazon will only accept receipts and invoices which clearly display all of the following:
Supplier information (name, phone number, address, website)
– Buyer information (name, phone number, address, website)
– Item descriptions (matching the ASIN(/s)
– Item quantities (should reflect your selling volume)
– Invoice date (must be issued in the last 365 days)
It must clearly prove that your products do not infringe on the intellectual property of the rights owner. Send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.co.uk.
Seller_toP3nL5zuCfTz
Your issue is quite resolvable but I have found that when dealing with Amazon, I have mastered the notice dispute and even suspension reinstatment goes far smoother and quicker if you illustrate everything to make it very short, sharp and clear with attached evidence screenshots with details highlighted (literally) on the screenshot.
What you have received is a DESIGN issue so an invoice won’t help. This is a very easy one to overcome and with the right e-mail it will be reinstated within 48h.
Write an e-mail quoting the ASIN, stating it was removed due to suspected infringement of design number X. However, this infringment is not accurate as the design of ASIN Y is visibly different from registered design number X. Please see attached image of ASIN Y (show a screenshot of your listing page with an image of your product and use the highlighter tool to circle the specific difference) which shows that it is in no way matched or applicable to registered design number X (show a screenshot of the design illustration from EU or UK IPO using the highlighter tool to literally highlight the difference in design). For this reason, it is clear that the design documentation X does not match the ASIN Y design or images and therefore is not infringing upon design number X, meaning that the claim is invalid. Please correct this by reinstating ASIN Y.
It’s literally that simple. Make it short, sharp and concise as if you were explaining it to someone who has no idea of the situation. Keep the whole e-mail to less than 250 words and use attached screenshots and highlight what youre proving. Draft it up and then show it to a friend or family who has no idea what youre talking about nor the situation. If the point makes sense to them, it will make sense to Amazon.
Amazon will not go out and research the issue for you just because you provided the details for them to do so. You have to bring the research to them and highlight it and as long as its quick and simple to see that the removal of your ASIN was incorrect, without them having to research first, you should hear back in 48h.
I also find that every time I receive an auto response rejecting my appeal, I go back to my sent items in my phone email and open and click ‘Resend’. As long as you have a good email, keep persistently resending and you will get it reinstated within a day or two.
Seller_PXHbhQyddmDi6
I now have the same issue with the Chinese sellers trying to cut everyone out the pie, i have sent in everything asked for and keep sending the emails to get the same auto response.
It is becoming harder and harder on here.
