Introduction
Recently, the cross-border e-commerce patent infringement appeal case undertaken by Guohai Zhifeng achieved good results. This is another victory for Shenzhen Guohai Zhifeng Intellectual Property Agency in cross-border e-commerce intellectual property dispute cases.
1. Basic information of the case
A walking machine (hereinafter referred to as the complained product) sold by the seller on the Amazon German website was removed from the shelves due to complaints of patent infringement. The complaint claims that the complained product infringes the German utility model patent with the last five digits of the patent number 083U1 (hereinafter referred to as the 083 patent). The sales of the products involved in the
case -
are among the best among similar products on the Amazon platform. The time point of this complaint is on the eve of the "Black Friday" promotion. If the response is improper, the complained products cannot be restored before Black Friday, which will cause heavy losses to the seller.
2. Difficulties of the case
#1 Time is running out -
"Black Friday" is coming, and if cross-border e-commerce sellers miss it, their profits will be greatly affected.
The "Black Friday" of cross-border e-commerce is similar to the "Double Eleven" event of domestic e-commerce. On the Friday after the fourth Thursday of November (Thanksgiving) every year, German e-commerce and physical stores will focus on discounting products.
Against the backdrop of the general trend of the global economy, the cross-border e-commerce industry is growing in scale. "Black Friday" has developed into a global online sales season, and it is the best opportunity for cross-border e-commerce sellers to increase sales. Therefore, it is particularly important for sellers to re-list links to relevant products on Amazon Germany before Black Friday.
#2 On the premise of sufficient evidence, the first round of appeals was rejected.
Time is tight, and the speed of submitting appeal materials is crucial. In order to submit the complaint materials as quickly as possible and restore the link to the complained product as soon as possible, our firm combined the relevant information provided by the seller, brainstormed and expedited the preparation of the complaint documents. Relevant information can prove that the complained product has been sold on Amazon's US site as early as 2019, and the priority date of the 083 patent is August 24, 2020. Obviously, the product under complaint is produced and sold first, followed by the application for the 083 patent.
△ Time when the complained product was put on the Amazon US site
In order to further improve the success rate of the appeal, in addition to providing the above sales evidence in the appeal materials, we also submitted more other prior use evidence to Amazon through in-depth communication with the seller to fully prove the seller's prior use. Unfortunately, Amazon believes that the evidence in the complaint materials is still not enough for it to restore the link and put the product on the shelves, and the appeal work has reached a deadlock.
Highlights and Results of Complaint Service
#1 Highlights of Complaint Service
Urgent to customers’ urgent needs, they responded efficiently in a short time
During the National Day holiday, the seller contacted our firm to explain the current situation and entrusted our firm to file a patent infringement complaint. Adhering to the purpose of putting the interests of our clients first, our firm responded immediately after accepting the entrustment, urgently convened the associates from the e-commerce intellectual property service department who were on vacation, set up a special team, carefully studied the relevant materials and stepped up the writing of appeal materials. From obtaining all the information provided by the seller to completing the first round of appeal materials, it only took one day.
Complaints from multiple angles, flexible response to challenges
After the failure of the first round of appeals, we adopted a serious and responsible attitude and thought from multiple angles, learned from the experience of the first round of appeals, changed the thinking dimension, and started from different angles to immediately carry out comparative analysis of patent infringement. Based on the results of the comparative analysis of patent infringement, we appealed again on the grounds of non-infringement, striving to stop losses for customers in a timely manner.
△ Overall response plan (partial display)
#2 Complaint Result
Through professional and rigorous full demonstration, Guohai Zhifeng finally ordered Amazon to promptly restore the ASIN (Amazon Standard Identification Code/Amazon Standard Identification) of the complained product Number), successfully helped the customer's complained product to be put back on the shelves before the "Black Friday" sale, solving the customer's urgent need and avoiding greater losses and risks for the customer.
△ Link to the re-listing of the complained product
As a comprehensive intellectual property service organization, Guohai Zhifeng has a professional and powerful e-commerce intellectual property service team. It has deep experience in resolving cross-border e-commerce intellectual property disputes, and can quickly find solutions for enterprises to solve problems. The successful settlement of this cross-border e-commerce patent infringement dispute case has once again demonstrated the strength of Guohai Zhifeng in resolving cross-border e-commerce intellectual property disputes.
