Design Right "Range"??

[propertea]

Does anyone know how broad of a spectrum of products does a UK Design Right cover? it seems Amazon support doesn't even know the answer to this.

For example if you registered a design right for a cat shaped plate, could you only hold authority over all cat shaped plates, or could you claim against any plates of any kind? If the latter is true then there should be ZERO other products in the category my product is in, the design right holder who has claimed against me should be the ONLY listing on offer!!

A sincere thank you in advance to anyone who is able to offer any help. Been two weeks since my listing was removed and so far Amazon has not been any help.

 

[HFE Signs]

I wouldn't think it would be possible for anyone to hold a design right over all cat shaped plates, how would that work?

 

[propertea]

I wouldn't think it would be possible for anyone to hold a design right over all cat shaped plates, how would that work?

I have no idea! I am hoping someone here does. So you're saying in the example you would only have rights over the exact cat shape plate shown on your registered design number?

 

[HFE Signs]

I have no idea! I am hoping someone here does. So you're saying in the example you would only have rights over the exact cat shape plate shown on your registered design number?

I'm no expert on this but yes, that is what I would expect

 

[fisicx]

I have no idea! I am hoping someone here does. So you're saying in the example you would only have rights over the exact cat shape plate shown on your registered design number?

Yes. But even then there is all sorts of wriggle room. Trying to exercise your design rights is likely to be expensive and ultimately fruitless (or catless).

 

[AmazonGeek]

Design rights are notoriously hard to enforce. You could have a particular design for a cat-shaped plate but you would only be protected for that exact design. . If my design makes even a relatively minor change, it could make any claims void, never mind general plate designs.

If amazon has removed your listing it is likely that your design has infringed on someone else's IP. The bigger the brand holding the IP rights, the more likely it is that Amazon will remove anyone that has potentially infringed it. And it is only potentially - thanks to the new online harm regs, a brand only has to hint at potential infringement and Amazon will remove competitors for fear of being liable down the road.

I've been where you are and sympathise. It was enough to lead me to sell the business!

 

[propertea]

Design rights are notoriously hard to enforce. You could have a particular design for a cat-shaped plate but you would only be protected for that exact design. . If my design makes even a relatively minor change, it could make any claims void, never mind general plate designs.

If amazon has removed your listing it is likely that your design has infringed on someone else's IP. The bigger the brand holding the IP rights, the more likely it is that Amazon will remove anyone that has potentially infringed it. And it is only potentially - thanks to the new online harm regs, a brand only has to hint at potential infringement and Amazon will remove competitors for fear of being liable down the road.

I've been where you are and sympathise. It was enough to lead me to sell the business!

Indeed that is what another seller has claimed. And to continue the example further, my product is a “fish shaped plate”, and the other seller claims it infringes their design right of a “cat shaped plate”. Amazon has not accepted any of my appeals so far. Exactly the opposite is what is happening to the first part of your message. It is very depressing.

What I also find odd is that there are much bigger sellers than me also selling the same fish shaped plate I sell and their listings remain active!

 

[fisicx]

You are dealing with a fully automated system. There is a flag against your account that could take months to resolve (if at all).

I’d look at alternate platforms to sell you product. Then maybe one day if your appeal is upheld you can start selling again on Amazon.

 

[propertea]

You are dealing with a fully automated system. There is a flag against your account that could take months to resolve (if at all).

I’d look at alternate platforms to sell you product. Then maybe one day if your appeal is upheld you can start selling again on Amazon.

Luckily i also sell on eBay, but 80% of my sales for this item were on Amazon. I am not just going to let them take that all away without a fight, especially as it seems they should not even be able to do what they are doing. Part of me thinks Amazon doesn't even check the design on the design right number, they just receive a claim, check the design right number is valid, and accept it and pull the "infringing" listings.

 

[GodsePallavi17]

If someone has registered a design right for a cat-shaped plate:

• They can claim authority over products that closely match the registered design or those that are substantially similar in appearance.
• No one can claim authority over unrelated designs (e.g., plain plates, dog-shaped plates, etc.).

 

[fisicx]

Part of me thinks Amazon doesn't even check the design on the design right number, they just receive a claim, check the design right number is valid, and accept it and pull the "infringing" listings.

That’s exactly what happens. All automated, no humans involved anywhere. And it happens millions of time. Amazon doesn’t care as long as the dollars keep rolling in.

 

[AmazonGeek]

There are companies that can help with things like this - usually ex Amazon employees that know their way around the system. Let me know if it is important enough to talk to one of them and I will get some suggestions.

 

[Nudge]

Does anyone know how broad of a spectrum of products does a UK Design Right cover? it seems Amazon support doesn't even know the answer to this.

For example if you registered a design right for a cat shaped plate, could you only hold authority over all cat shaped plates, or could you claim against any plates of any kind? If the latter is true then there should be ZERO other products in the category my product is in, the design right holder who has claimed against me should be the ONLY listing on offer!!

A sincere thank you in advance to anyone who is able to offer any help. Been two weeks since my listing was removed and so far Amazon has not been any help.

From my understanding, UK Design Rights generally cover the specific appearance of a product, including shape, patterns, and decoration, but they’re limited to the design itself, not the function of the product. In your example, if the design right is for a cat-shaped plate, it likely only protects that specific design (or something very similar) and wouldn’t give authority over all plates—unless the design features were distinctive enough to create broader protection. It might be worth reaching out to an IP solicitor or someone experienced in design law to review the claim in detail. Also, keep pushing Amazon support (I know it’s tough)—sometimes escalating the issue or providing more evidence helps move things along. Hope this gets sorted for you soon!

 

[Paul Kelly ICHYB]

What do you mean by UK Design Rights?

Is the design registered with the IPO?

If the other designs differ in any way it will be difficult to pursue other parties unless you have deep pockets.

 

[propertea]

There are companies that can help with things like this - usually ex Amazon employees that know their way around the system. Let me know if it is important enough to talk to one of them and I will get some suggestions.

Oh it's definitely important enough! I have 300 units on the way and my main/best platform has currently gone! Would hugely appreciate any suggestions.

 

[Paul Kelly ICHYB]

my main/best platform has currently gone!

Then start developing other platforms...

 

[AmazonGeek]

Oh it's definitely important enough! I have 300 units on the way and my main/best platform has currently gone! Would hugely appreciate any suggestions.

I will PM you with a couple of contacts now...