Amazon is rejecting design patent infringement report on EXACT replicas of my product
Hello!
I finally received a design patent on the product I invented. There are several listings advertising exact replicas of my product and often steal our exact images. When I reported one such listing for design patent infringement, Amazon denied the claim stating "the products that you reported are not substantially the same as your patented design".
I have even purchased the product and confirmed that it is a 1 for 1 replica of my product. Can someone help me out with wording for my claim or an escalation path that worked for you?
Thanks!
Amazon is rejecting design patent infringement report on EXACT replicas of my product
Hello!
I finally received a design patent on the product I invented. There are several listings advertising exact replicas of my product and often steal our exact images. When I reported one such listing for design patent infringement, Amazon denied the claim stating "the products that you reported are not substantially the same as your patented design".
I have even purchased the product and confirmed that it is a 1 for 1 replica of my product. Can someone help me out with wording for my claim or an escalation path that worked for you?
Thanks!
15 replies
Seller_nRFmxiQg4EGrw
This may be the time to have your attorney file a C&D order. That should get Amazon's attention.
Seller_nRFmxiQg4EGrw
A question far better answered by the attorney than by someone like me!
But keep us posted on any progress.
Seller_rI7BZIczK8iAC
Amazon is no court. So they neither have the authority nor the ability to decide if your patent rights are infringed or not. You need to produce a court decision and Amazon will act.
Topher_Amazon
Hi there @Seller_Eilm9nmL5Erwa,
Can you share any case/investigation IDs applicable for me to look into?
Topher
Seller_r9wMm8LrE5iKj
I'm sorry to say this, but Amazon protects against infringing on the image (logo) associated with the USPTO filing, and nothing else. Sticking your R'd logo on a different object is an infringement. Sticking a different logo over your own logo and reselling your own product would probably be OK under the narrow protections offered by Brand Registry. Amazon themselves have been the cause of design patent infringement cases, so expect no sympathy.
Having said that, Amazon legal can be scared into doing the right thing, according to the forum, but everything I've ever sent them appears to have been lost/ignored. Good luck.
Seller_1mZVNsmAStisR
I know when I used Patent Eval Express on my utility patent, the proper claim # had to be listed that showed the infringement clearly. Also describing exactly what the concern is. With a design patent, I am not sure what they base their decision on. I have won a number of them with the utility. Try file it a different way...explaining in detailed wording exactly what your design patent covers and exactly what the infringing product is mimicking. They will toss them out if it isn't super clear. Painful stuff.... Best of luck.
Seller_ZRl2jImJfnYfJ
If you're the patent owner and enrolled in Brand Registry, I'd follow Topher's advice before spending money on litigation.
Amazon's patent review teams typically want very specific evidence. For design patents, it's often not enough to say the product is a copy—you need to show why an ordinary observer would consider the accused product substantially the same as the patented design. Side-by-side comparison photos and a documented test buy can make a significant difference.
I would also pursue any image theft separately as a copyright complaint. In many cases, copyright claims are more straightforward for Amazon to evaluate than design patent claims.
If a resubmission is denied again after you've provided detailed comparisons, then it may be time to discuss next steps with an attorney. A cease-and-desist letter or formal legal action can sometimes carry more weight than repeated infringement reports.
One thing I would avoid is filing duplicate reports without adding new evidence. Amazon generally recommends escalating the existing complaint and providing stronger supporting documentation rather than repeatedly submitting the same claim.
2. Follow the escalation procedure if rejected again
Do not resubmit duplicate reports. Instead, escalate as follows:
- Log in to Brand Registry
- Go to Brand Registry Support
- Select "Escalate previously submitted issue"
- Reference the original Complaint ID: 20515105981
