Hello, this is patent attorney Yongduck Kim of IPLEX IP Law Firm.
A car-washing mop sold on Coupang was suspended following a design complaint. With IPLEX's assistance, the seller submitted a supported response and resumed sales.
With the rise of intellectual property rights disputes on online platforms, it is important for sellers to check the intellectual property rights of their products in advance and come up with a countermeasure strategy. It is advisable to use expert advice to prepare for a more effective response.
In this success story, we’ll look at how to respond effectively in the event of an intellectual property rights breach in Coupang.
The product at issue and the registered design
The complaint alleged similarity to a registered cleaning-mop design, Registration No. 30-1131844, leading to a sales suspension.
The seller was required to submit an explanation and evidence by 4:00 p.m. on November 23, 2024. IPLEX received the matter on November 22 and promptly submitted an explanatory statement and patent attorney's opinion.
Effective response steps based on actual success stories of IPLEX IP Law Firm
The Effective Response Stage | Response measures |
Receiving the complaint and assessing the response | Review whether the asserted right is valid and whether the product falls within its scope. In this case, a detailed comparison supported the conclusion that the car-washing mop was dissimilar to the registered design, helping restore sales. |
Analysis of Infringement Preparing the explanatory statement | Design infringement requires a comparison between the product and the registered design. In this case, IPLEX compared the handle, length-adjustment mechanism, brush shape and other principal features, and submitted a patent attorney opinion explaining the differences. The analysis distinguished known design elements from novel elements with reference to decisions 2010 Hu 913 and 2013 Da 202939. The notice in this case indicated that review could take up to eight business days or longer if further examination was needed. It also warned about false submissions and repeated policy violations. |
A successful response Key Points | Respond promptly with a structured explanation and supporting evidence. Clearly identify differences between the product and the registered design, focusing on the legally relevant features, and follow the platform's applicable submission requirements. |
Conclusions and implications
This example shows how to effectively respond to reports of infringement of intellectual property rights by merchants in an online market. If you don't panic when you receive a report, you can get a positive result based on a logical response and sufficient evidence. We will continue to share these practices to help online sellers run their business safely.
This article reflects the information available when it was published. Contact us to discuss your circumstances.