Case study: Design Patent Infringement on Amazon Successful Resolution
Greetings from Solver!
Today we want to share a successful case about design patent infringement. We hope it will be helpful for you if you face a similar problem.
Our client suffered from a competitor attack on the listing because the listing had already been deactivated three times for the same reason. It was the design patent infringement report with the same registration number as the last two times, although the real rights holder has never filed an infringement report. Our task was to reactivate the listing for the third time.
After analyzing the client’s problem, we paid attention to the name of the person indicated in the suspension notification as the rights owner. It seemed strange because the rights owner’s name was just “Lisa”. Therefore, we immediately double-checked this fact on the Official Website of the Patent Office. As it turned out, the design patent was owned by a legal entity. We checked the Register of Legal Entities to ascertain the individuals who are the beneficiaries and directors of the mentioned legal entity.
From the Register of Legal Entities, we found out the rights owner mentioned in the suspension notification has nothing to do with the actual rights owner of this design patent. We prepared screenshots and excerpts from the Patents Register and the Register of Legal Entities about the real rights owner. It was our key argument.
After that, we used the standard “reactivate” button and had to turn to third-party services to appeal Amazon’s decision. We pointed out that the rights owner indicated in the suspension notification imitated the actual rights owner, but he really wasn’t. Accordingly, this fact already points to the absence of a truthful complaints process. After two days, the listing was reinstated by Amazon Support.
So, the essential thesis of this post is always to double-check whether there was an actual violation on your part or whether it was an attack by competitors who have no right to file such an infringement report.
