The suspension of sales on an online platform has a direct impact on the business as a whole, including seller's sales, inventory, and transactional trust. In particular, reporting a Coupang design infringement is not easy for the seller to respond alone, requiring a professional legal review.
Drawing on experience in Coupang IP disputes, IPLEX helped the seller resume sales of the suspended products.
Incident Overview
- - Sales platform: Coupang
- - Issue: Design infringement complaints
- - 3 types of heated blankets, 6 products
- - Seller's situation: All key products for the winter sales season were suspended
- - Initial response: The seller's own explanatory statement was rejected by Coupang
- - Time of engagement: Early in the sales suspension
- - Result: Sales of all six products resumed within two weeks after submission of the patent attorney's opinion and explanatory statement
Background and initial response
Coupang notified the seller that sales of six electric and heated blanket products had been suspended following design infringement complaints.
The seller immediately submitted his statement, but Coupang refused to acknowledge it. Because of Coupang's internal audit structure, it is difficult to accept a letter written by a non-expert.
The seller then engaged IPLEX to handle the matter.
IPLEX’s response strategy
1. Detailed design analysis by product
We promptly analyzed the following features of all six products:
- - Fastenings, including zippers and snap buttons
- - Presence or absence of a hood
- - Knitted Weave Type
- - Pocket·Tassel and other decorative elements
- - Overall silhouette and appearance when worn
- - Differences in aesthetic impression from the registered design
Applying the Design Protection Act's similarity criteria, we explained the substantive differences between each product and the registered design.
2. Reviewing validity and other legal issues
Our analysis identified the following issues concerning the design relied on in the complaints:
- - The same design had been disclosed on overseas platforms before filing
- - The design had been publicly known or publicly used
- - The products could qualify as freely usable prior-art designs
- - Prior use in Korea could support a statutory non-exclusive license
We set out why these facts undermined the infringement allegations.
3. A structured statement that makes it difficult for the rightholder to respond
Drawing on experience in dozens of Coupang design disputes, IPLEX prepared a statement addressing the platform's review process and likely responses from the complainant.
The statement clearly identified legal weaknesses in the complainant's position to discourage further unsupported allegations.
4. Submitting the patent attorney's opinion within 24 hours
In view of the urgency of the matter, we began the analysis immediately on the day of the request, and within 24 hours we completed the patent attorney’s opinion and sent it to Coupang.
Case Results
Coupang's internal review gave weight to IPLEX's opinion.
The complainant did not submit a further response.
After approximately two weeks, Coupang lifted the suspension for all six products under its review procedure.
The sellers were able to recover the season's revenue, and since then have also refined their intellectual property strategies to prevent similar disputes.
IPLEX IP Law Firm
1. Experience in Coupang Design/Trademark Disputes
Platform IP complaints follow a different process from patent litigation. We tailor the response to the platform's procedures.
2. A Patent Attorney's Opinion
Our opinions combine legal analysis with arguments and organization informed by previous sales-resumption cases.
3. Addressing the complainant's legal position
The response explains the grounds for non-infringement and any available legal challenges to the complainant's rights, helping discourage further unsupported allegations.
4. Quick response system
Seasonal products require prompt action. Depending on the case, IPLEX can prepare an opinion on the day of engagement.
Are your sales suspended?
Coupang design complaints can involve overlapping issues, including validity, freely usable prior-art designs and prior-user rights.
IPLEX IP Law Firm specializes in dealing with intellectual property rights disputes of platform-based sellers such as Coupang, Smart Stores and Amazon.
If you need a solution, a review by an expert is the fastest solution.
This article reflects the information available when it was published. Contact us to discuss your circumstances.