Someone lists a product on Amazon that looks almost exactly like yours. Same shape, same surface detail, same distinctive form. They didn't copy your logo. They didn't steal your brand name. They copied the product itself.
This is design infringement, and it sits in a different legal category from trademark or counterfeit claims. The reporting routes are different, the proof required is different, and the outcomes vary significantly depending on which marketplace you're dealing with and where your design is registered.
This article explains how design-based takedowns work in practice across the four major global marketplaces: Amazon, eBay, AliExpress, and Temu. It covers what proof each platform asks for, why claims get rejected, and what you need in place before you file anything.
This article is for general information only and does not constitute legal advice. If you are considering enforcement action, consult a qualified IP professional in the relevant jurisdiction.
Design Infringement vs Trademark: Why the Distinction Matters
A trademark protects a brand identifier: a name, logo, or slogan. A registered design protects the visual appearance of a product or part of a product. A design patent (the US equivalent) does the same thing within the American IP system.
When someone sells a product that looks like yours but uses a different name and branding, a trademark claim won't hold. You need a registered design right or design patent to pursue that listing.
What a registered design actually covers:
- The shape, configuration, and contours of a product
- Surface patterns, texture, and ornamentation
- The overall visual impression the product creates on an informed user
A design right does not protect how the product functions. It only protects how it looks. If someone copies your product's appearance, that is a design claim. If they copy how it works, that is a patent claim of a different kind entirely.
In the UK and EU, registered designs are granted by the Intellectual Property Office (UK) or the EUIPO (EU). In the US, design protection is granted through design patents via the USPTO. These are separate registrations with separate territorial scope, and that scope matters enormously when reporting to marketplaces.
What Proof Do Marketplaces Ask For?
Before filing anything, you need to have your documentation in order. Each platform has its own requirements, but there is a common baseline across all of them.
You will generally need:
- Your design registration number and a copy of the registration certificate
- The jurisdiction in which the design is registered (this must match the marketplace's country)
- Images or drawings from your registration that show the protected appearance
- Direct links to the infringing listings (URLs or ASINs)
- Your contact details, which the platform will share with the seller
- A signed declaration confirming your good-faith belief that infringement has occurred
Some platforms also accept test buy order IDs as supporting evidence. This is particularly useful on Amazon, where providing an order ID helps demonstrate the physical product matches the listing.
One rule that applies everywhere: your registered design must be valid in the country where you are requesting the takedown. A UK registered design will not support a takedown on Amazon.com in the United States. A US design patent will not support a takedown on Amazon.co.uk. Mismatching jurisdiction and marketplace is one of the most common reasons design claims are rejected outright.
How Each Marketplace Handles Design Claims
Amazon (Global, with country-specific enforcement)
Amazon accepts design right and design patent claims through two routes: the Report a Violation tool (for brands enrolled in Amazon Brand Registry) and the Report Infringement form (available to all rights owners with an Amazon account).
For design claims, you can report at two levels:
- ASIN-level: If the product itself infringes your design, report the entire ASIN. This targets the product listing and all sellers on it.
- Seller-level: If only a specific seller's offer is infringing, you can report that offer. Note that the product detail page and ASIN remain live in this case.
Amazon processes each notice separately. If you are asserting both a design right and another IP type against the same listing, you must submit separate notices. Amazon will notify you of the outcome and, if rejected, will explain why.
Important for UK and EU brand owners: Amazon accepts design right claims registered in the UK, EU member states, and a range of other jurisdictions. Your design registration must correspond to the specific Amazon marketplace where you are filing.
eBay (Global, with regional design right support)
eBay handles design claims through its Verified Rights Owner (VeRO) Programme. Rights owners can file reports through the VeRO Portal, which is now the main reporting route, or email a completed Notice of Claimed Infringement (NOCI) to vero@ebay.com.
eBay accepts registered design right claims from Europe, Asia, Australia, and New Zealand without requiring a court order. For US design patents, eBay requires a copy of a relevant court order alongside the patent information. This is a meaningful distinction: European brand owners filing under a registered Community design or UK registered design face a lower evidentiary bar on eBay than those relying solely on a US design patent.
Once eBay reviews and accepts a valid NOCI, the listing is removed. The seller is notified and given your contact details to resolve any dispute directly.
AliExpress (China-based, covers Alibaba Group platforms)
AliExpress falls under Alibaba's International Intellectual Property Protection Platform, which covers AliExpress, Alibaba.com and other Alibaba Group marketplaces.
To submit a design claim, you must first verify your IP rights by uploading your current registration certificate. Once verified, you can submit takedown notices against infringing listings. Sellers have the opportunity to file counter-notices, and Alibaba may reinstate listings if the counter-notice is supported by evidence.
Many sellers list the same products across several marketplaces at once, so monitoring AliExpress alongside Amazon, eBay and Temu is important for brands selling physical products globally.
Temu (Global, growing marketplace)
Temu accepts design infringement notices through its IP infringement report portal. You will need to provide:
- The registration number and a description of the protected design
- A list of infringing products and sellers
- Any supporting documentation you can supply
Temu investigates listings upon receiving a report and notifies sellers, who may submit counter-notices. Temu also runs a Brand Registry Portal, which stores your IP documentation so future reports are quicker to file.
Why Design Claims Get Rejected
Design claims fail for predictable reasons. Knowing them in advance saves time and avoids losing your reporting privileges.
The most common rejection reasons:
- Jurisdiction mismatch: Your registered design covers the wrong country for the marketplace you are filing against. This is the single most frequent cause of rejection.
- Expired or invalid registration: Registered designs require renewal. An expired registration will not support a claim.
- Insufficient identification of the infringement: Vague descriptions of how the listed product infringes your design are routinely rejected. Be specific about which visual features are protected and how the infringing product reproduces them.
- Inaccurate or incomplete contact details: Platforms share your details with the accused seller. Missing or incorrect information leads to rejection.
- Submitting the wrong claim type: Filing a design claim when the issue is actually a trademark or copyright matter, or vice versa, results in rejection. Each claim type has its own form and evidence requirements.
Amazon specifically warns that repeated submission of inaccurate or unfounded notices can result in the removal of your ability to use the reporting tools altogether. Accuracy matters as much as volume.
The takedown process can also be challenged by sellers through counter-notices. If a seller disputes your claim and provides evidence that their product does not reproduce your registered design, the platform may reinstate the listing. This is why thorough documentation at the point of filing is worth the effort.
Keeping Up With Copycat Listings at Scale
Filing individual design claims manually works for isolated incidents. It breaks down when copies appear across multiple platforms at once, which is the more common reality for brands with distinctive product designs, especially once the problem starts overlapping with other forms of online abuse. If you are weighing up how to approach that at scale, the Remove.tech comparison of brand protection software is a useful reference point for understanding what different platforms actually cover.
Remove.tech's brand protection platform monitors marketplaces, search engines, and social platforms around the clock, detecting infringing listings using AI-powered image recognition. That matters because one takedown is rarely the end of the story, and repeat offenders usually resurface under a new seller ID or on a different channel. Potential infringements are validated before a notice is filed, reducing the risk of inaccurate claims and protecting your reporting standing. To see where copies of your designs are already listed, request a free brand audit.
FAQ
Can I report design infringement without a registered design?
ost marketplaces require a registration number. Unregistered design rights exist in some jurisdictions (including the UK and EU) but are significantly harder to enforce via platform reporting tools, which are built around registration numbers.
Does a UK registered design cover AliExpress listings?
A UK registered design supports claims against listings selling into UK markets, but territorial scope depends on where the seller operates and where your design is registered.
What if the seller re-lists after a takedown?
Ongoing surveillance is your responsibility. Automated monitoring helps catch re-uploads quickly so repeat notices can be filed without starting from scratch.
Is this the same as reporting a counterfeit product?
No. Counterfeit claims involve products falsely bearing your trademark. Design claims involve products that reproduce your product's appearance without necessarily using your name or logo. They use different forms and different evidence. If you need a step-by-step guide to the counterfeit reporting process specifically, the Remove.tech guide to reporting counterfeit products covers that in full.
