Because the listing added a word by mistake, the company lost more than 300,000 yuan. Regarding infringement, the sellers really have a hard time speaking...
The seller lost more than 300,000 yuan because of adding this word to the listing
Previously, many sellers were sued for infringement because of the keyword hula hoop. The keyword hula hoop is ordinary and common. Although it is a descriptive word for an item, it was registered. Relevant law firms also began to complain, causing the relevant sellers to wail.
In addition to common words like hula hoop, the word "daymake" also often appears in the listings of motorcycle accessories. Some sellers also said that because they did not pay attention to this word, they suffered a loss of more than 300,000 yuan, and the relevant operations were also to blame.
"Daymaker" is a trademark of Harley Davidson, registered in November 2017. The registered major category is 011 (lights and air conditioners), and the registered minor category is motorcycle lights. The brand has found GBC as its agent, and some sellers have received complaints from law firms.
The editor searched for "daymaker" related links on major e-commerce platforms and still found 33 results on Amazon and more than 1,000 related links on eBay.
Auto parts sellers need to conduct keyword checks. If there are Daymaker keywords, modify or remove them as soon as possible.
Behind the 400% surge in search volume : Infringement risks are not limited
In recent times, the "sunset light", a popular item for celebrities to pose for photos , has become popular both at home and abroad due to its dreamy glow and the endorsement of celebrities. For example, in the picture below, Ouyang Nana also used the sunset light when taking photos. The popularity of sunset lights had been foreshadowed. As Yien reported earlier, fill lights suddenly became popular on the Amazon platform in February, attracting the attention of many buyers and sellers. The search volume for the keyword "fill light" in Google Trends soared by 400%. Cross-border sellers are very good at chasing hot-selling products, and sunset lights can also be seen on Amazon.
However, this popular sunset lamp is copyrighted. It is the Halo Edition of the sunset lamp from the Milan-based studio Mandalaki Design Studio. The genuine Halo Edition is priced at around 10,000 yuan, and the relevant appearance patent can also be found at the European Trademark Office.
Some sellers also said that more than 20 sellers have been sued regarding this sunset light, and now Amazon only has a link for self-delivery.
On Mandalaki's official website, the brand's copyright statement was also found:
® Copyright 2018-2020 | Mandalaki, Halo Edition and Halo lights are registered trademarks and designs. This website contains proprietary creative developments of Mandalaki and Halo Edition. All original creatives contained herein may not be used without the written permission of the legal representative of the company. Copyright: Mandalaki | Art Direction and Concept by Mandalaki | srl | IT11441950968
Although this sunset light has become a new hit, there are still many risks of infringement. It is unknown whether this product will become the next "store closure pioneer", so sellers should still sell it with caution.
In addition, as Operation Longteng is ongoing, serious infringements have been criminalized since March 1, and customs are targeting high-risk infringing goods such as food, medicine, cigarettes, watches, clothing, shoes and hats, luggage, toys, consumer electronics, and personal care products.
The consequences of the investigation include : 1. Confiscation of infringing goods; 2. Mobile economic investigation of high-value goods; 3. The rights holder sues for compensation.
Therefore, sellers should pay more attention to copyright issues and ship products with caution.
Copyright infringement warning! Don’t sell these popular Amazon products
For sellers, infringement is a very tricky issue, because the sufferings that infringing sellers have endured are as numerous as the stars in the sky.
At this point, in addition to trademark infringement, the most common pitfalls for sellers are infringement of appearance patents.
Recently, the editor discovered that two of Amazon's popular products are at risk of infringement of appearance patents.
1. Back shaver
For Chinese people, razors are very common, but back razors are very unfamiliar. In fact, for Europeans and Americans, this is not a rare product.
As we all know, Europeans and Americans have abundant hair and sweat easily. They will sweat profusely and emit a strong body odor after a little exercise. The hot summer is a disaster for them, so they usually choose to shave their body hair, which has driven the sales of such products.
On Amazon UK, a back razor with the Amazon's Choice label has received more than 6,000 reviews.
After searching for related products, I found that the most important promotional point of this type of product is "confidence". For example, a product on Amazon says: "Make yourself proud with a clean shaven back you can show off anywhere."
This is indeed the case. A seller from the UK, who claimed that he never wrote reviews, wrote a 100-word review in the comment section of this product .
He excitedly wrote : "My monkey is gone! I will never be ashamed to take off my clothes, in fact, before this, the hair on my body weakened my confidence..."
Although summer has not yet arrived in the northern hemisphere, the sales of such products have been on the rise. Google Trends shows that in the United States, the search popularity of Back Hair Removal has continued to rise since the beginning of February.
In the next product selection, sellers can consider back shaving products. However, the editor needs to remind you that such products have the risk of infringement, and sellers should pay attention to avoid it in product design.
Through searching, the editor found that the back shaver with more than 6,000 comments has applied for appearance patents and invention patents. It has not only applied for appearance patents in Europe and the United States, but also applied for structural invention patents in the United States. In other words, in the US market, even if the appearance design is different, but the same structural design is used, it is also an infringement.
2. Mobile phone armband
As the weather warms up, in addition to the growing demand for back razors, outdoor sports products will also usher in a wave of booms, especially in countries where the epidemic has slowed down and the blockade has been lifted.
This is particularly evident in the UK's performance.
Google Trends shows that after the UK announced the phased approach, searches for outdoor sports-related topics such as rock climbing and leisure activities have surged.
In outdoor sports, mobile phone armbands are essential equipment to free your hands. They are especially popular among Europeans and Americans who like outdoor sports.
But it is worth noting that such products also have the risk of infringement.
For example, a product that has obtained the Amazon's Choice label and has 8,298 reviews on Amazon's US site is at risk of being a scam for sellers.
According to the query of the United States Patent Office (USPTO), the product obtained a US appearance patent in 2019.
Its selling points, including the flexible mobile phone cassette, key card slot and rotating base, are all included in the appearance patents. Infringement |
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