A Vendor Central competitor is using an old listing created in 2021. They changed the images to match my patented design and are undercutting price. The listing's first available date is before my patent application and grant date.
I have a few questions I’m stuck on:
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If Amazon rejects my patent complaint, how can I prove they modified an old listing with new images?
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Any tips to increase success rate for design patent complaints? Our company has mostly failed.
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Would sending a cease & desist letter through an attorney help?
Thanks.
Answers (5)
Use Keepa's image change log to prove the exact date they started infringing. Then argue that Amazon should consider that date, not the original listing creation date, for patent enforcement. This argument works better with a human reviewer.
Also, check if the VC listing merged reviews from old products – that's another policy violation you can report.
Before submitting, prepare:
Submit everything in one case. Reference the test buy order ID clearly.
on attorney letters and legal action**
Yes, a cease & desist letter from an attorney sent to Amazon's Legal Department can be effective. Amazon's legal team is risk‑averse; they may remove the listing to avoid potential liability.
However, a letter alone may not be enough. Combine it with:
If Amazon still doesn't act, consider filing a TRO (temporary restraining order) through a US attorney. This is expensive but the most powerful remedy.
Don't rely only on patent infringement. Also report the listing as "product detail page changed to show a different item".
Go to Seller Central → Manage Abuse → Report a violation → Select "Product detail page has been changed to display a different product."
Explain: This ASIN originally sold Product X (based on old reviews/images). The seller changed it to Product Y (your patented design) after your patent was granted. This violates Amazon's listing policy. Amazon takes this seriously and often removes the listing.
Use multiple legitimate accounts to report (if available), but don't spam.
on proving image change and increasing complaint success
Proving old listing modification:
web.archive.org) – enter the ASIN URL. If there's an old archive, compare historical images with current ones.Increasing patent complaint success: