How Can someone own the 'design Right' to Generic Item

[aznclem9]

Hi,

I hope I am in the right place to post

I sell on Amazon and have recently started to sell Li-ion Flat Top Batteries

To my surprise my listing has been removed, due to a 'Intellectual Property Complaint'

The individual claims that the own the 'Design Right' to Li-Ion Batteries (Design Right number 6366997)

https://www.registered-design.servic...k/find/6366997

My question is, How can an individual own the Design Right to a generic design type of battery? This type of battery has been used for years by many different companies and is surely owned by no one?
the IPO have surely made a mistake in registering this? its like some one claiming they own the design right for AAA batteries..
What can I do to challenge this?

thanks in advance

[echat11]

Hi Aznclem9

Welcome to LB

I don't know how they obtained the Design Registration, what I would say is, if one didn't exist before, they have just applied for it and it has been granted. I might be wrong. Hopefully there will be more responses.

Maybe ask the department that granted the registration.

[Huxie]

What can I do to challenge this?

https://www.gov.uk/government/public...r-cancellation

[Pezza54]

Try changing the title to Lithium Iron Flat Top Batteries
Other sellers on Amazon are advertising these type of batteries for sale

There has to be a mistake
The gov.uk registration states the design must be new. The applicant registered the batteries in May 2024. They must have copied the design from somewhere

[echat11]

Try changing the title to Lithium Iron Flat Top Batteries
Other sellers on Amazon are advertising these type of batteries for sale

There has to be a mistake
The gov.uk registration states the design must be new. The applicant registered the batteries in May 2024. They must have copied the design from somewhere

There are no illustrations / drawings.

[aznclem9]

Thanks for the replies, it seems like the IPO done there jobs properly, I have emailed them. I should have to pay them to challenge such an obvious flaw. I have appeal to Amazon, they have sent me the individuals contact email, should the appeal with Amazon fail I will contact them, any suggestionson what I should put it the email? I will show you what I have writen so far


I understand you have made a copyright infringement claim against my listing


Design right 6366997


Just to make you aware, I have filed an appeal with Amazon, as I do not believe you are the designer of Li-ion Rechargeable batteries, which were debuted by Panasonic in 1994. I see no novel addition made by your design right, therefore I will also be filing Form DF19A to the intellectual property Office, which is the legal process to invalidate or cancel a registered design.

The grounds for invalidation can be found in Section 11ZA of the Registered Designs Act 1949 as amended.

My basis for this will be that your design is not new or novel and lacks material differences when compared with earlier designs at the time it was applied for. There is plenty of material evidence available to support this, that is extremely easy to find

I suggest it is in your best interest to withdraw your complaint before I submit said form, as the resulting outcome could mean you are required to pay the filing costs

[echat11]

Contacting Panasonic first might be helpful.
You could also attach their response.