By Design: Online Enforcement Of Designs

• Published date: 13 July 2021
• Subject Matter: Consumer Protection, Intellectual Property, Consumer Law, Product Liability & Safety, Trademark
• Law Firm: Haseltine Lake Kempner LLP
• Author: Ms Sanjeet Plaha

Buying and selling of consumer products has never been easier, with businesses having a worldwide reach through the world wide web. One of the drawbacks to this is the inevitable and ever-increasing trade (and demand) in fake and counterfeit products. In order to protect those rights owners, online retailers, particularly those selling goods on behalf of third party parties such as Amazon and eBay, have different measures in place, namely Amazon's Report Infringement Form and eBay's VeRo programme.

Amazon

Amazon's Report Infringement Form is exactly just that - it is a very simple form to be completed by the owner of a design to inform Amazon of an infringing listing. Amazon simply needs the product's identification code and the IP right concerned; all complaints are made through the rights owners' Amazon account. Importantly registered and unregistered designs can be used to take down a listing.

eBay

eBay has its long standing VeRO (Verified Rights Owner) policy which allows rights holders to report listings or products that infringe their intellectual property rights. A rights owner (or its authorised representative) completes an online "Notice of Claimed Infringement" form, setting out the rights holder's details, details of the infringing products and the design rights being relied upon.

The seller is made aware of the complaint only after the auction is delisted. eBay then provides them with the Right Owner's contact information in order for the two parties to discuss the alleged infringement; the good news for rights owners is that eBay does not adjudicate complaints. During...