False patent infringement claim uk
We have been the target of a False design patent infringement claim. A dodgy Chinese company registered a design patent for a product that we have been selling way before their patent was registered.
Amazon have suppressed my listings and say that I need a letter of authorisation from them which ofcourse I can't get.
I spoke with the UK IPO and after a very long winded legal process spanning 6 months I was successful In invalidating this design patent with the UK IPO. And I am proceeding with a legal case against the Chinese seller.
Now that the design patent in question has been invalidated I assumed my listings would be reinstated however amazon seller support just keep sending me the same copy and paste reply that they did previously. Its like no one is actually reading my messages and they are still under the impression this patent is valid. No one is checking it now.
Copy of what amazon keep sending me over and over and over.
We've done investigation from our end and investigation outcome is provided below:
We removed your listings because you may have improperly used design patents of "Beamely" with patent number "6123907".
Only "Beamely" and their llicenses an list patented products.
Please provide supporting documentation such as a letter of authorization or licensing agreement if you confirm the following:
- You are authorized to use these design patents.
- The removed listing doesn’t infringe the "Beamely" patent.
- You’re allowed to list "Beamely" patent with your own brand name.
has anyone else had this issue? My listings have been down for over 6 months now so its cost me loss of sales and also huge storage fees. I'm considering legal action against amazon too if they don't actually take this seriously.
False patent infringement claim uk
We have been the target of a False design patent infringement claim. A dodgy Chinese company registered a design patent for a product that we have been selling way before their patent was registered.
Amazon have suppressed my listings and say that I need a letter of authorisation from them which ofcourse I can't get.
I spoke with the UK IPO and after a very long winded legal process spanning 6 months I was successful In invalidating this design patent with the UK IPO. And I am proceeding with a legal case against the Chinese seller.
Now that the design patent in question has been invalidated I assumed my listings would be reinstated however amazon seller support just keep sending me the same copy and paste reply that they did previously. Its like no one is actually reading my messages and they are still under the impression this patent is valid. No one is checking it now.
Copy of what amazon keep sending me over and over and over.
We've done investigation from our end and investigation outcome is provided below:
We removed your listings because you may have improperly used design patents of "Beamely" with patent number "6123907".
Only "Beamely" and their llicenses an list patented products.
Please provide supporting documentation such as a letter of authorization or licensing agreement if you confirm the following:
- You are authorized to use these design patents.
- The removed listing doesn’t infringe the "Beamely" patent.
- You’re allowed to list "Beamely" patent with your own brand name.
has anyone else had this issue? My listings have been down for over 6 months now so its cost me loss of sales and also huge storage fees. I'm considering legal action against amazon too if they don't actually take this seriously.
0 replies
Seller_rGtEcZnu0JTRD
Have you tried appealing under the below option, with written evidence to show the patent is no longer valid meaning your item does not infringe the patent as this no longer exists. A big problem on Amazon is that it is almost impossible to get them to re-visit a topic once they have made a final decision.
Before going the legal route, which I think you would struggle with, as Amazon does have a legal right to decide what you can and cannot sell on here, I would try the managing directors office first, and they will often pass to the correct department where a human will look at it, I suspect that currently you are getting rejected by the bots as your case is deemed dealt with.
- The removed listing doesn’t infringe the "Beamely" patent.