AMAZON SELLERS’ LAWYER SUCCESS: Amz Seller Reinstated after Design Patent Complaint
Recently, we had a Chinese client receive a design patent complaint for the garden hose they were selling on Amazon.
Sometimes design patent disputes are very complex and this makes it extremely challenging to appeal through Amazon.
Design patents are only considered to be infringed upon if our clients’ design is so similar to the design of the patent that a consumer who is familiar with what is called “prior art” is unable to distinguish between products and choose which product they are familiar with.
Usually for our clients, we are able to identify the differences between the design patent and our clients’ design, such that we can overcome any claim of design patent infringement.
Our client had contacted Amazon repeatedly; they also contacted the complainant and had no success. Finally, they contacted us and we were able to draft an appeal for them.
When drafting an appeal for patent infringement, one must remember to be concise.
Amazon is not interested in hearing about why you think the claim is not legitimate. They want to know what the standard is, and why you believe this complaint isn’t valid.
In this case, we were able to outline the color scheme differences to show Amazon that the products were substantially different and our client was then reinstated.
Receiving a design patent suspension is not the end of the world. A seller must take a step back and investigate: Why was my account suspended? What can I do to correct the problem? Can I do this on my own, or should I reach out to an attorney? At Rosenbaum Famularo, PC, law firm behind AmazonSellersLawyer.com, we are here to assist you in any way possible.