Just got our first knockoff on Amazon for our balance board. They copied almost identically the graphics of our best-selling design and tried to exactly replicate the hero image so their listing looks like it’s one of our listings. Claimed copyright infringement with Amazon but they said no. Curious if anyone here has dealt with this issue and have some techniques that have been effective (DMCA notice FedEx’d to Amazon’s legal department, getting attorneys involved, claiming trade dress)?

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I'm sorry to hear about the knockoff situation—unfortunately, it's a common problem. Here are a few approaches that others have found helpful when dealing with similar issues:

Trade Dress:
If your balance board has a distinct design or look, you could consider filing for trade dress protection. This protects the overall visual appearance of a product, which might strengthen your claim that their listing confuses customers. It can be a longer-term solution, though it may require legal support.

DMCA Notices:
Sending a DMCA takedown notice directly to Amazon’s legal department can sometimes prompt faster action than the initial claim process. However, for this route, you’ll need to provide evidence that they’ve copied unique aspects of your product or imagery.

Enhanced Brand Content (EBC):
If you’re registered with Amazon Brand Registry, ensure your product listings are fully optimized with Enhanced Brand Content. This can help set your product apart visually and give customers a more distinct branded experience.

Legal Action:
Consulting an intellectual property attorney might help establish a case based on either copyright, trademark, or trade dress infringement. Even a cease-and-desist letter from a lawyer can sometimes prompt knockoff sellers to remove listings.

Monitor Reviews:
If possible, keep an eye on the reviews. Sometimes knockoff products get negative reviews that mention they’re fake or low-quality, which can help you flag those reviews to Amazon as misleading or fraudulent

- ChatGPT

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