Suspected IP Violation (MagSafe) design patent - What am I doing wrong?
I recently launched a product that has an Apple Watch charger as an element of it. It was immediately taken down because of "Suspected IP Violation" as it might infringe on Apple's design patent of MagSafe. I was told that I could appeal the case by sending a Letter of Authorization from Apple or a Licensing Agreement stating I am allowed to sell this product. The violation is from Amazon and not from Apple.
My product is Apple MFi certified and listed on Apple's website, and I provided a letter from Apple stating that I am authorized to sell this product. However, my appeal has gotten denied numerous times over the past 2 months. I've spoken with Seller Support to escalate this and they've confirmed that I have provided everything needed to reinstate my listing. They then escalate the case and it gets declined again - multiple times.
I am out of ideas on being able to sell this product. Has anybody been able to overturn a Suspected IP violation from a design patent? Specifically from Apple / for MagSafe? Any advice on what worked? Thanks for the help.
Suspected IP Violation (MagSafe) design patent - What am I doing wrong?
I recently launched a product that has an Apple Watch charger as an element of it. It was immediately taken down because of "Suspected IP Violation" as it might infringe on Apple's design patent of MagSafe. I was told that I could appeal the case by sending a Letter of Authorization from Apple or a Licensing Agreement stating I am allowed to sell this product. The violation is from Amazon and not from Apple.
My product is Apple MFi certified and listed on Apple's website, and I provided a letter from Apple stating that I am authorized to sell this product. However, my appeal has gotten denied numerous times over the past 2 months. I've spoken with Seller Support to escalate this and they've confirmed that I have provided everything needed to reinstate my listing. They then escalate the case and it gets declined again - multiple times.
I am out of ideas on being able to sell this product. Has anybody been able to overturn a Suspected IP violation from a design patent? Specifically from Apple / for MagSafe? Any advice on what worked? Thanks for the help.
0 replies
Emet_Amazon
Hello @Seller_bW618R6H5Pnb0,
Thank you for posting your concerns with a suspected design patent violation.
As you mentioned this was a concern with a MagSafe patent concern. I wanted to inquire on the product you launched. Did you manufacturer the product? You mentioned this was also listed on apple's website, did you receive your products this way?
Typically, with a suspected design misuse, this points to a concern with an actual design misuse, or information on the listing page that caused a identification of the violation. I would recommend reviewing our intellectual property policy for sellers help page for more guidance on these types of issues.
You advised on having and even providing a letter of authorization from apple, does this authorize the use of the MagSafe design? If your products design is different from that of the MagSafe design, can you provide supporting evidence that support this?
As noted above, these concerns come from us, not the brand or rights owner. This is why there's an importance to show the difference in design from your product to that of the MagSafe Design. Unless your Letter of Authorization(LOA) provide your approval to use this specific design. I would suggest verifying your LOA against our letter of authorization help page for confirmation it meets our requirements.
I have also passed your concerns to the appropriate teams who may attempt to reach you by phone to discuss these concerns.
The forums community and I are here to support you. Please let us know how we can help you from this point forward.
Emet.
