In an effort to push out competitors on Amazon, Brands are creating unoriginal design patents and then fighting to get other sellers removed.
LONG BEACH, NY, UNITED STATES, January 26, 2021 /EINPresswire.com/ — Lately, there has been a surge of design patent complaints made by brands that registered weak or unoriginal design patents, in an effort to push out competitors on Amazon.
Abundant Freedom LLC registered a design patent for "the ornamental design for a foam panel" on Nov. 10, 2020. (USD901724) The effective application filing date for the patent was August 23, 2019. The design claimed is a wedge-shaped acoustic foam panel. However, a quick search online shows that this design was clearly in existence much earlier than the date of the patent application. This likely means the patent should be invalid.
Rosenbaum, Famularo & Segall, P.C. is aware of several sellers who have been selling their products for a year or more prior to the application date for USD901724, and have had their listings challenged by Abundant Freedom LLC. The patent registrant has likely registered and claimed rights to an already existing design in order to file complaints against Amazon sellers and dominate the market.
With seller cooperation and evidence, the patent could likely be invalidated via petition to the USPTO. Until then, Amazon will likely continue to accept complaints filed by Abundant Freedom LLC, because Amazon does not determine the validity of registered IP rights. Amazon accepts these claims to protect itself from liability. However, a well-written appeal to Amazon's intellectual property team can often overturn the listing violation for an accused seller.
Amazon Sellers should be sure if they are pursuing selling a design similar to one with an existing registered patent, that they are changing their product enough so that their design is significantly different than the prior design. Minimal changes will attract brands that may make patent complaints, whether their design is truly original or not.
Source: EIN Presswire