How to Protect Your Amazon Business from the UK Design Patent Scam
How to Protect Your Amazon Business from the UK Design Patent Scam
Disclaimer
The information provided in this article is for general guidance only and does not constitute legal advice. If you’re facing an intellectual property dispute, please consult a qualified solicitor.
“I Was Selling That Product for Years - Then a Stranger Claimed They Owned It”
We’ve all heard of patent trolls, but very few Amazon sellers expect to be hit by a design troll. Our client James’s story isn’t an isolated incident. We’ve helped dozens of sellers who were blindsided by registered designs covering generic products – kitchen utensils, power banks, LED strips – that have been on the market for years.
In one case, Maya, a seller of silicone baking mats, received a notice from a company she’d never heard of. Her ASIN was taken down, and she was asked for £600. Maya had launched her product in 2019. The design registration was filed in 2025. Because the UKIPO doesn’t check novelty before granting a registration, the design slipped through. This article dives deeper into why that happens, explores what legitimate design rights look like, and offers a comprehensive toolbox for sellers.
1. Design Rights 101: What They Cover and What They Don’t
Design protection is about appearance, not function. A registered design protects the way a product looks – its shape, lines, contours, texture, colours and ornamentation. It doesn’t protect how it works or the idea behind it. You cannot register a purely functional feature (for example, the thread of a screw) as a design.
Key points to remember:
Three‑dimensional vs two‑dimensional: Unregistered UK design rights only protect the shape or configuration of a product, not surface decoration. Registered designs can protect 2D patterns and colour schemes, making them more powerful.
Technical function exclusion: Any design features that are dictated solely by the way the product works are excluded from protection. For instance, the shape of a plug’s pins or a USB connector cannot be protected under design law.
Repair clause: In the EU and UK, spare parts that must replicate a component’s appearance to repair a complex product (like car body panels) may be exempt from infringement. This prevents design rights from creating monopolies in the repair market.
2. Global Perspectives on Design Protection
If you sell internationally, you need to know how design law differs around the world:
United Kingdom: Applications are inexpensive, there’s no novelty search, and rights can last up to 25 years with renewals. This lax registration system is what scammers exploit.
European Union: A Registered Community Design (RCD) provides unitary protection across all EU Member States. It’s also not examined before grant, but the higher filing fee (€350) and the option for EUIPO to refuse or invalidate designs help deter some abuse. An Unregistered Community Design (UCD) offers three years of automatic protection against copying. Post‑Brexit, UK businesses need separate UK and EU registrations to cover both territories.
United States: Design patents protect ornamental aspects for 15 years and undergo substantive examination. They cannot cover colours and require higher filing fees, which reduces frivolous filings.
International registration (Hague System): A single application can cover up to 100 countries. The International Bureau only checks formality; novelty is assessed (or not) by each national office. This can be an efficient route if you’re expanding globally, but it doesn’t solve the novelty‑checking issue.
Understanding these differences helps you decide where to register your designs and anticipate how scammers might exploit gaps in the system.
3. Why UK Designs Are Attractive to Fraudsters
A UK registered design is easy to get and hard to knock out quickly. There’s no novelty search, the fees are minimal, and approvals come through in weeks. On Amazon, an IP complaint referencing a registered design prompts immediate removal. Fraudsters take advantage of this by registering generic products, filing takedowns and demanding payments. Shell companies like Lexer Trading Ltd, Lexerstore Ltd, Vision Bros Ltd and MSK Power Ltd rotate ownership of these rights to keep exploiting sellers.
4. Avoiding the Trap: Proactive Steps
4.1 Search Before You Launch
Use the UKIPO Design Search by product name, class or owner.
Check DesignView, WIPO’s global design database.
Search the EUIPO RCD register for similar designs.
Perform broad online searches and keep records. If you find the same design has been registered recently, consider modifying the appearance or rebranding to avoid conflict.
4.2 Register Your Own Designs
Protect your product’s appearance by filing your own registration. Applications start at £50. You can include up to 50 designs in one application, which is cost-effective if you have variations. EU‑wide protection is €350 for five years. If you sell globally, consider the Hague System. Registering not only deters copycats but also positions you as the rights holder if someone else tries to claim your design.
4.3 Keep a Design Dossier
Document your design journey: sketches, prototypes, invoices, photos, and early listings. Dated evidence proves your product predates a fraudulent registration. Digital files with time stamps and physical samples (like dated prototype models) can be invaluable in court or in Amazon appeals.
4.4 Vet Suppliers Carefully
Ask suppliers for proof they own or are authorised to sell the design. Include IP warranties and indemnities in your purchase contracts. Require that suppliers notify you if they become aware of any IP issues. This minimises the risk of accidentally selling infringing products.
4.5 Combine Design Rights with Other IP
While design rights protect appearance, trade marks protect your brand identifiers (names, logos) and can be used to enforce against counterfeit listings. Patents cover functional innovations, and copyright can protect artistic works. A layered IP strategy makes it harder for trolls to copy your entire product offering.
4.6 Build an Internal IP Policy
Establish a process within your business to:
Record new designs as soon as they’re created.
Decide which products are worth registering.
Conduct regular audits of your listings for IP compliance.
Train your team to spot suspicious IP claims and invoices.
This institutionalises IP vigilance so you’re always one step ahead.
5. How to Respond to a Design Complaint
5.1 First Steps
Remove the listing temporarily to prevent further strikes or potential account suspension.
Check the design registration’s filing date and images to see if they predate your product launch.
Gather evidence of prior use and sales. A well-organised design dossier will make this easy.
5.2 Build Your Case
If the design was filed after your product launched, you have strong grounds to challenge it. Compare your evidence against the registration details.
File for an invalidation through the UKIPO. If the proprietor doesn’t respond, you might get a decision in a few months; a defended case takes longer.
Use Amazon’s “Abuse Prevention” or “Notice of Misuse” channels to report the complaint as systemic abuse. The more sellers report the same entities, the higher the chances of platform action.
If the complainant asks for money, refuse. Extortion demands can be used as evidence of an unjustified threat.
5.3 Legal Tools
Interim Injunctions: In urgent cases where a design claim is clearly abusive, courts can order the complainant to stop filing complaints.
Unjustified Threats Actions: If someone threatens you with infringement proceedings or demands payment for a dubious design, you can sue for damages. Even sending a letter threatening such action can encourage them to withdraw.
ADR and Mediation: For legitimate disputes, alternative dispute resolution can be faster and cheaper than court. Consider mediation if both parties are willing to negotiate.
5.4 What If You’ve Already Paid?
Scammers often cycle through multiple shell companies. If you’ve paid:
Do not pay another company.
Document the communication and payment.
Consult a solicitor about recovering the fee and possibly pursuing damages.
Notify Amazon that you paid under duress and still received further claims.
6. Beyond Amazon: Other IP Scams to Watch
Misleading invoices – Rogue entities send renewal invoices for designs, trademarks or patents. The UKIPO says never pay them; report them instead.
Academic IP fraud – Companies sell “inventorship” slots on UK designs to academics seeking promotions. This illustrates the broader problem of design registration misuse.
Fake registries – Some services promise to include your IP in “international databases” for a fee. These listings offer no legal benefit and are often scams.
7. Implementing IP Safeguards in Your Amazon Business
Design protection shouldn’t be reactive. Here’s how to make it part of your strategy:
Brand Registry: Enrol in Amazon’s Brand Registry with a registered trade mark. It provides enhanced reporting tools, automated protections and the ability to remove counterfeit listings quickly.
Monitoring: Use third-party tools or Amazon’s own Brand Analytics to monitor your listings for IP claims and hijackers.
Take-Down Counter Notices: Familiarise yourself with Amazon’s procedures for counter-notices. Knowing the process ahead of time reduces panic if you’re ever targeted.
Networking: Join seller forums and industry groups. Collective knowledge helps identify emerging scams and bad actors quickly.
8. Frequently Asked Questions
Q: Can I register the same design in the UK and EU?
Yes. Post‑Brexit, UK and EU designs are separate. You need to file in both jurisdictions if you want protection across Europe.
Q: What if my design is similar but not identical?
For registered designs, infringement is based on overall impression. Minor changes may not avoid infringement. Seek legal advice if in doubt.
Q: Do I need to register every variation?
You can include multiple variations in one application (up to 50 in the UK). Group similar designs to save costs, but ensure they are distinct enough to be considered separate designs.
Q: How long do I have to file for an invalidation?
There’s no strict deadline, but acting quickly helps reduce the harm from ongoing takedowns and may deter trolls.
9. Pushing for Change
We advocate for reforms such as:
Introducing a pre‑grant opposition period or basic novelty check.
Requiring proof of commercial use before a takedown.
Encouraging Amazon to flag high‑risk design complaints for manual review.
Educating sellers on IP rights and scams.
We work with professional associations and regulators to champion these changes. If you have experienced design abuse, consider submitting feedback to the UKIPO or Amazon to support systemic improvements.
10. Conclusion & Next Steps
Design rights are a double‑edged sword. They protect genuine creativity but, when unchecked, enable scammers. As a seller, you can protect yourself by searching and registering your designs, keeping meticulous records, integrating IP safeguards into your operations, and acting quickly when complaints arise. If you need help navigating a design dispute or want to fortify your IP strategy, we’re here for you.
