It depends. If a product is accused of infringement because the seller stole the image, then the appeal after changing the product image will not be successful. If the product infringes upon the design patent, you may be successful if you change the pattern and appeal again. Sellers should be careful: there are risks in infringement, and you need to be careful when stealing pictures to avoid getting into infringement disputes.
It depends.
1. If a product is complained of infringement because the seller stole the image, then the appeal will not be successful after changing the product image.
Sellers often suffer from the infringement when publishing their own products. Eye-catching promotional pictures. When some sellers see beautiful pictures from their peers, they will use them without thinking. Little do they know that this practice is an act of stealing pictures in the "improper use of other people's rights".
If a seller is complained about stealing pictures, the other party will have sufficient evidence to prove your infringement. In addition, Taobao has strict control over infringements such as stealing pictures. As long as the seller is reported, change the product pattern before going there. Complaints are useless. At this time, the seller can only contact the complaining party and request to withdraw the complaint or purchase the original image;
If the other party refuses to withdraw the complaint, the seller will have to bear the loss himself. Therefore, infringement is risky, and you need to be careful when stealing pictures!
2. If a product is complained of infringement, if it is because the product infringes the appearance patent, then the appeal may be successful if the pattern is changed
1. When a seller receives a notice of product appearance infringement, don't panic. First, check the other party's patent number, and then enter the serial number into the patent query system of the State Intellectual Property Office to check the legal status of the patent and confirm whether the patent is within the validity period.
① If it is within the validity period, you should further check whether the content of the patent is the same as or similar to your own product. If it is similar, it is basically certain that the infringement is infringed. At this time, the appeal of changing the product pattern will not be successful. ; At this time, we should actively communicate with the complainant and request to withdraw the complaint.
② If it is not within the validity period, it is not protected by law at this time. At this time, it can basically be judged as a malicious complaint, and this kind of complaint is invalid. We can choose to ignore it. If the seller is still worried, he can also change the product pattern and file an appeal, explain the details, and the appeal will be successful.
2. If the appearance of the patent is very different from the pattern of your own product, there is a higher chance that the appeal will be successful. At this time, the seller should immediately change the pattern of the product and file a complaint with Taobao officials. The seller should explain in detail the differences between the other party's patent and his own product in the remarks. The Taobao assistant will withdraw the complaint after verifying the situation, so that your store will not be affected.