Amazon instanlty declines our design patent infringment case - appears no human invloved causing me to hire an attorney - no clear path to Amazon legal department - Amazon is complicit
We invested thousands of dollars in a product that we designed and built. ASIN B0DM3H37W3
We prepared for any copies by investing thousands of dollars in a design patent which we received from the US patent office: US-12098565-B2 or D12098565B2 or 12098565 Publication date 2024-09-24
As is often the case, China copied us within a few months forcing us to lower the price and compete with an illegal copy. Since this is a summer-only product, our lowered sales caused us to have to store 2 containers of the product until the next summer. This cost was yet another loss due to the chinese copy.
We’ve reached out to Amazon with several different cases (Case ID: 16967427891, 16883290671, and 16540864841) and also escalated within the limits of Amazon to no avail. In each case, we get a nearly instant response that there is no violation. Bear in mind that this is a design patent so the infringement is clear and obvious. In our Amazon cases, they seem to insist that our patent be entered in a format that begins with a D so we enter it like this: D12098565. This is not a legitimate patent number but Amazon gives us no choice.
Our ASIN is: B0DM3H37W3 and the copied product is ASIN: B0CZHDNPG9
The vendor shows as Moonnoom and the only contact info they provide is a strange address in China. I don’t understand how Amazon allows this. We cannot contact the vendor with legal notices. Amazon requires us to provide accurate contact info and insurance but China gets away with providing little to nothing.
I have gone ahead and hired a lawyer. My attorney is not able to find a legal address to reach Amazon. It’s stunning to me that I am left in a circular limbo by Amazon. It’s an interesting strategy to avoid any legal issues for both the vendor and Amazon by being unreachable. I hope that an Amazon moderator will assist me and save me from the ongoing expenses associated with being a solid Amazon citizen.
If anyone has a suggestion I would truly appreciate it.
Amazon instanlty declines our design patent infringment case - appears no human invloved causing me to hire an attorney - no clear path to Amazon legal department - Amazon is complicit
We invested thousands of dollars in a product that we designed and built. ASIN B0DM3H37W3
We prepared for any copies by investing thousands of dollars in a design patent which we received from the US patent office: US-12098565-B2 or D12098565B2 or 12098565 Publication date 2024-09-24
As is often the case, China copied us within a few months forcing us to lower the price and compete with an illegal copy. Since this is a summer-only product, our lowered sales caused us to have to store 2 containers of the product until the next summer. This cost was yet another loss due to the chinese copy.
We’ve reached out to Amazon with several different cases (Case ID: 16967427891, 16883290671, and 16540864841) and also escalated within the limits of Amazon to no avail. In each case, we get a nearly instant response that there is no violation. Bear in mind that this is a design patent so the infringement is clear and obvious. In our Amazon cases, they seem to insist that our patent be entered in a format that begins with a D so we enter it like this: D12098565. This is not a legitimate patent number but Amazon gives us no choice.
Our ASIN is: B0DM3H37W3 and the copied product is ASIN: B0CZHDNPG9
The vendor shows as Moonnoom and the only contact info they provide is a strange address in China. I don’t understand how Amazon allows this. We cannot contact the vendor with legal notices. Amazon requires us to provide accurate contact info and insurance but China gets away with providing little to nothing.
I have gone ahead and hired a lawyer. My attorney is not able to find a legal address to reach Amazon. It’s stunning to me that I am left in a circular limbo by Amazon. It’s an interesting strategy to avoid any legal issues for both the vendor and Amazon by being unreachable. I hope that an Amazon moderator will assist me and save me from the ongoing expenses associated with being a solid Amazon citizen.
If anyone has a suggestion I would truly appreciate it.
0 replies
Seller_4zBzdtgCyS9EI
Amazon is not the place to get this fixed. You will need to take legal action.
Sandy_Amazon
Hello @Seller_gHQ50X4aClolE
My name is Sandy from the Community manager team here on forums.
Typically design patents or utility patents are handled and reviewed by the Amazon legal team. Due to this reason I cannot provide further insights on the case.
I do see that a most recent case 16967914491 is under review. In the meantime, I will contact internal teams to see if they can do a re-review of the ASIN and complaint details. Please allow some time for me to reach back with updates on the situation. Thank you for your patience.
Sandy