It depends.
First, the product was complained of infringement. If the seller steals the picture, it will not be successful to change the product pattern and then complain.
When sellers release their products, they often suffer from not having eye-catching publicity pictures. At this time, some sellers will use the beautiful pictures of their peers without thinking, but they don't know that this practice belongs to the stealing behavior in "improper use of others' rights".
If the seller is accused of stealing pictures, the other party has enough evidence to prove that you are infringing. In addition, Taobao has strict control over this kind of infringement. As long as it is reported, it is useless to change the product pattern and then complain. At this time, the seller can only contact the complainant and ask to cancel the complaint or buy the original picture;
If the other party refuses to cancel the complaint, the seller can only bear the loss himself. Therefore, infringement is risky, and stealing pictures needs to be cautious!
Second, the product was complained of infringement. If the product infringes the patent right of appearance, it may be successful to complain again in a different way.
1. When the seller receives the notice of product appearance infringement, don't panic. Check the patent number of the other party first, and then enter the serial number in the patent inquiry system in China National Intellectual Property Administration 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 contents of the patent are the same as or similar to your own goods. If they are similar, the infringement can basically be determined. At this time, changing the product pattern will not succeed; At this time, we should actively communicate with the complainant and ask for the withdrawal of 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 complaint is invalid. We can choose to ignore it. If the seller is still uneasy, he can also change the product pattern, file a complaint and explain the details, and the complaint will be successful.
2. If the appearance of the patent is very different from the design of its own product, the appeal is more likely to succeed. At this time, the seller should immediately change the product pattern and complain to Taobao officials. In the remarks, you should explain in detail the difference between the other party's patent and your own goods. Taobao Xiaoer will cancel the complaint after verifying the situation, so that your store will not be affected.