CALL US NOW ON 01494 422626
A client of ours noticed a competitor infringing their IP (intellectual property) recently and asked us for our help.
They have a distinctive moulded product which is sold via Amazon’s website.
The client is experienced and proactive at managing their IP and had registered their design in several territories.
We knew that Amazon have a process for IP complaints, and that either Downing IP or the client can flag an infringement using this process.
First, we looked at the competitor’s product listing and gathered information from it. With the client’s help we were able to figure out who the supplier of the product was.
Then we sent cease and desist letters to the supplier, importer (the competitor) and Amazon.
The Amazon listing was suspended because we had submitted a complaint to them, so the competitor could no longer sell the product.
The importer wrote back and said they would take the item off the market and settle the case, although they didn't believe that they were infringing the registered design.
We requested and received information about how many of the item they had sold so that we could calculate the damages that were due.
The client noticed that a product was infringing their IP because they check proactively due to the nature of their business. They spotted it because it is an unusual and unique product.
The client won’t receive a large sum in damages, but if the infringement had been notified later it would have cost them more money to pursue the case. They saved money by identifying the infringement early.
The competitor also benefitted from the early detection of the infringement, because they only have to pay a small amount in damages, stop selling the item and destroy the stock. This cost them less than having to defend an infringement case.
This case shows the benefit of registering designs, and of being proactive in checking for infringements. It was also easy for Amazon to make the decision to suspend the listing because the design had been registered and they were able to check this.
