Egyptian Goddess Standard: Design Patent Issues & Plans of Action for Suspended Sellers
In terms of design patents, the standard that Amazon refers to is called the Egyptian Goddess Standard.
Basically, what Amazon wants to know is whether an ordinary observer can tell the difference between two products. Are they substantially similar? Before someone starts selling a product on Amazon, they should make sure that their product does not look anything like another product that already has a design patent. This will help the seller to avoid getting their account suspended down the road.
When drafting a Plan of Action to Amazon, a suspended seller needs to use this standard to show how the products are different. You and an ordinary person can clearly see the difference between the two products.
We encourage clients to try to resolve these types of issues on their own before they come to us, but in the event that they are not successful, the team at Rosenbaum Famularo, PC are always willing to help. We have had quite a bit of success resolving issues of this nature.
Remember, the more differences the products have, the better your chances at success in getting your account reinstated.