by Travis Stockman, Esq. | Oct 1, 2022 | Amazon Suspensions, Intellectual Property Infringement, Trademark Infringement
Luxottica Group S.p.A. Sues Online Sellers Over Trademark Infringement
The topic at hand: Luxottica Group S.p.A. sues online sellers over trademark infringement. For that reason, your e-commerce business is getting held back by a Temporary Restraining Order (TRO). Naturally, without having access to your online seller funds, you are unable to fully operate, which is a huge inconvenience. To this end, you must address the allegations posited by Luxottica against you, meaning, you need to respond to the legal notice.
Case No. 22-cv-04578, Luxottica Group S.p.A: How To Respond to Temporary Restraining Orders
In the first place, know that Luxottica is claiming that your e-commerce store offered counterfeit Ray-Ban, Oakley, Persol, and Costa eyewear to unknowing customers in the United States. Secondly, the lawsuit further specifies that it is focused on Amazon, Wish.com, eBay, DHgate, AliExpress, Walmart, and Alibaba sellers. Moreover, due to these claims, you will not have access to your accounts or money until you provide a response to the court. ***Failure to respond may result in a default judgment!***
E-Commerce Sellers Sued by Luxottica Group S.p.A: Absolutely Respond to the Notice: Trademark Infringement and Counterfeiting
Undoubtedly, you would like to have the TRO removed from your account. We are here to help you! Fear not, as our team of unmatched intellectual property attorneys will work closely with you to unburden you from the disruption of the Temporary Restraining Order. Contact us today for more information on this lawsuit. If you found this content helpful, check out our blog for new weekly updates for e-commerce sellers.
For more content on the same subject, check out Dyson Suing Online Sellers for Trademark Infringement and Counterfeiting.
by Travis Stockman, Esq. | Sep 12, 2022 | Amazon Suspensions, Intellectual Property Infringement, Trademark Infringement
Dyson Suing Online Sellers for Trademark Infringement and Counterfeiting
The long and short of it is: Dyson is suing online sellers for trademark infringement and counterfeiting. Needless to say, as an e-commerce seller offering Dyson products, you may be enduring the negative effects of a Temporary Restraining Order (TRO). What a nuisance! For that reason, you are barred from accessing money earned from the sale of Dyson household appliances.
Please Respond to the Notice! Case No. 22-cv-04546, Dyson Suing for Counterfeiting and Trademark Infringement
To explain, Dyson claims e-commerce sellers like you sold counterfeit goods to consumers in the United States. Further, the lawsuit specifies that the platforms used for these transactions are Amazon, eBay, Wish.com, Alibaba, AliExpress, Etsy, and DHgate. Without question, we cannot emphasize how important it is that you provide a response to the court. To put it another way, a lack of a response will not eliminate the TRO and it may very well equate to a default judgment in favor of the plaintiff.
E-Commerce Sellers Sued by Dyson: The Notice is NOT SPAM!
To conclude, with regard to Case No. 22-cv-04546, it is imperative that you seek the proper legal counsel. Our team of astute intellectual property attorneys will be available to you throughout the entire process. We will dedicate our years of niche experience in this area to providing you with the most effective response strategy. Ultimately, we want what you want: To lift the Temporary Restraining Order affecting your online seller accounts.
Contact us today for more information on this lawsuit. If you found this content helpful, check out our blog for new weekly updates for e-commerce sellers.
Have a moment? Perhaps you’d like to peruse our article on how sellers are also being sued for selling Levi’s!
by Travis Stockman, Esq. | Aug 20, 2022 | Intellectual Property Infringement, Trademark Infringement
Levi Strauss & Co. Suing for Counterfeiting and Trademark Infringement
Levi’s: counterfeiting and trademark infringement. At the present time, your e-commerce accounts may be frozen due to a lawsuit filed by Levi’s. In effect, the company claims the named defendants are selling unauthorized Levi’s jeans and other apparel. To be sure, the suit was filed by Greer, Burns & Crain, Ltd., Case No. 22-cv-03226.
Greer, Burns & Crain, Ltd. Case No. 22-cv-03226: We Urge You to Respond!
Based on the claims in the lawsuit, you may have a Temporary Restraining Order (TRO) against your e-commerce accounts. In this case, Levi’s states the defendants “deceive unknowing consumers by using the LEVI’S Trademarks without authorization…” and “engage in fraudulent conduct.” Meanwhile, with the TRO in effect, you are unable to access the funds your business has generated. In short, it is incumbent upon you to take the necessary action.
Levi’s Claiming Trademark Infringement and Counterfeiting, Case No. 22-cv-03226
Regardless of whether or not Levi’s claims are true, you should submit an Answer to the court to alleviate yourself of the Temporary Restraining Order (TRO), as it relates to Levi’s claiming trademark infringement and counterfeiting. Not to mention, the lack of an Answer could result in a default judgment in favor of the plaintiff. Undoubtedly, you will want to respond, for the notice has real-world implications concerning your livelihood and business.
The Notice is Not Spam! Respond to Get the TRO Lifted: Levi Strauss & Co., Counterfeiting and Trademark Infringement
We understand that you may be feeling anxious or overwhelmed, but we are on standby to fight on your behalf! Feel free to email our firm or call (718)-657-7400 for more information on this lawsuit. If you found this content helpful, be sure to review our blog weekly for new updates and information for e-commerce sellers.
Perhaps you would like to read about a similar case involving intellectual property and Lululemon!
by Travis Stockman, Esq. | Aug 20, 2022 | Intellectual Property Infringement, Trademark Infringement
E-Commerce Sellers Sued by Lululemon, Claims Counterfeiting and Trademark Infringement
Lululemon is suing online sellers. As a result of the recent lawsuit, your online accounts may not be accessible to you. The reason for this is what’s known as a Temporary Restraining Order or TRO. Indeed, if the TRO has taken effect, you have already been prevented from touching your hard-earned dollars. According to Lululemon, you may have knowingly offered counterfeit and trademark infringing products to customers throughout the United States.
Absolutely Respond to the Notice: Greer, Burns & Crain, Ltd. Case No. 22-cv-03706, Lululemon Sues for Counterfeiting and Trademark Infringement
Lululemon, the US-Canadian athletic and lifestyle brand, is suing e-commerce sellers for the alleged sale of counterfeit and trademark infringing goods. To further explain, the lawsuit is targeting sellers who depend on digital marketplaces such as eBay, Etsy, Amazon, Wish.com, DHgate, AliExpress, and Alibaba, among others. Given that, you may want to simply ignore the notice, move on with your life and business dealings, and forget about it. However, if you fail to respond to the court, the TRO will maintain its hold on your accounts, causing further disruption. In addition, failure to respond could lead to a default judgment against you.
The Lawsuit is Not Spam: Respond to the Claim That You Are Selling Counterfeit and Trademark Infringing Products: E-Commerce Sellers Sued by Lululemon
Lastly, please, do not worry! Do not be intimidated by the Greer, Burns & Crain, Ltd. lawsuit Case No. 22-cv-03706. Our team of seasoned and professional intellectual property attorneys will be available to you throughout the entire process. We will meticulously examine the details of your particular case and then develop a response to the notice so as to remove the Temporary Restraining Order from your e-commerce accounts. Contact us today for more information on this lawsuit. If you found this content helpful, check out our blog for new weekly updates for e-commerce sellers.
Read our article regarding Amazon false counterfeit claims, Why Amazon Needs to Do Better!
by Travis Stockman, Esq. | Aug 13, 2022 | Intellectual Property Infringement, Trademark Infringement
Online Sellers Named in Lawsuit Filed by Greer, Burns & Crain, Ltd., for The US Playing Card Company, Claiming Trademark Infringement and Counterfeiting
The United States Playing Card Company Claims Trademark Infringement and Counterfeiting, Case No. 22-cv-03211. Greer, Burns & Crain, Ltd., has filed a lawsuit on behalf of the giant playing card producer and distributor The United States Playing Card Company (USPC). You may have been named in this suit if you are an e-commerce seller offering USPC products on Amazon, Walmart, Etsy, DHgate, Alibaba, Wish.com, and AliExpress. Accordingly, the USPC asserts that many sellers are deliberately offering trademark infringing or counterfeit products on the marketplace.
Amazon Sellers Named in Lawsuit Filed by Greer, Burns & Crain, Ltd., Card Company Claims Trademark Infringement and Counterfeiting
Basically, the USPC alleges that e-commerce stores have made a complex effort to actively dupe the public into purchasing imitations of their actual products. Altogether, the lawsuit aims to determine that sellers like you are strategically masking your identity in order to avoid getting caught selling counterfeit goods. Additionally, online marketplace stores are damaging the good name of one of the biggest names in playing cards, by supposedly committing trademark infringement and counterfeiting.
E-Commerce Sellers Sued by The United States Playing Card Company: Greer, Burns & Crain, Ltd., Case No. 22-cv-03211
Although this may not be true, we urge you to respond to the notice. The lawsuit filed by the USPC is absolutely valid and real. THE NOTICE YOU RECEIVED IS NOT SPAM. As a result, it is imperative that you provide a RESPONSE. Failure to do so will permit the TEMPORARY RESTRAINING ORDER (TRO) against your business to remain active. Furthermore, a lack of an Answer to the court may result in a Default Judgment, allowing the court to rule in favor of USPC, without question. You can easily dodge this negative outcome by submitting an Answer.
Lift the Temporary Restraining Order and Avoid a Default Judgment by Submitting an Answer to the Court: Trademark Infringement and Counterfeiting
Our legal team is passionate about getting your accounts reinstated, and we are here to help you navigate what may appear to be a daunting task. Feel free to email our firm or call (718)-657-7400 for more information on this lawsuit. If you found this content helpful, be sure to review our blog weekly for new updates and information for e-commerce sellers.
by Travis Stockman, Esq. | Aug 12, 2022 | Amazon Suspensions, Intellectual Property Infringement
Amazon False Counterfeit Claims Putting Honest Sellers Out of Business
Let’s discuss Amazon false counterfeit claims. Amazon is leaving the door open for e-commerce sellers to falsely claim trademark infringement against their competitors. Which is to say, thriving online marketplace operators are being put out of business. This is a direct result of Amazon’s flawed internal method for reporting trademark infringement. As an online seller, you may become the victim of this unfair system and lose your hard-earned livelihood. Amazon has developed some of the world’s most advanced technology, therefore you would think they are capable of developing a system which could better identify and filter these false complaints at the filing stage.
Amazon Needs to Start Protecting Sellers from False Trademark Infringement Claims
The scenario we are referring to typically sticks to a similar pattern of malicious behavior. Competitors specifically target an Amazon seller just like you. One whose account has thousands upon thousands of successful sales and positive reviews. These ill-intentioned folks have developed a strategy to take you and your business down. Sadly, Amazon is providing the avenue for them to do so in just a few clicks.
Online Sellers Are Going Out of Business Due to Amazon’s Report Infringement Model
As of right now, all your competitor has to do is visit Amazon’s “Report Infringement” page and fill out their Report Infringement Form. And just like that, they have submitted a claim that you are committing an intellectual property violation. In some cases, the complainant is abusing a trademark that has not been applicable for years, aka a “Dead Trademark.” Amazon is basically allowing this to happen because they do not closely scrutinize these claims.
Case in Point:
Most recently, our attorneys came across a hard-working seller who received a counterfeit complaint, which resulted in the suspension of their Amazon account. Upon review, the trademark asserted had been abandoned over 20 years ago and was for a completely difference category of goods and services. In addition, the filing party had absolutely no affiliation with the owner of the abandoned mark used to take down this honest seller.
We believe it should take less than a minute to verify the active status of a trademark as well as the class of goods and services it protects. Amazon needs to streamline this process, because above all, it would protect the honest sellers that comprise the very heart and soul of the company’s shopping experience.
Amazon Needs to Improve the Report Infringement Process For Determining Validity of Counterfeit Claims
Unfortunately, such a vetting process does not exist. Worse yet, Amazon will often side with the competitor, which leaves honest, successful sellers like you out in the cold. Taking all of that info consideration, It stands to reason that Amazon needs to improve its process for determining the validity of counterfeit claims. Amazon is not protecting sellers like you, the very entities that built the value of the company from the ground up into the massive global marketplace it is today. Furthermore, due to the lack of infrastructure to determine trademark validity, you are vulnerable and may already be the victim of such false claims by vicious competitors.
The legal team at Stockman & Poropat, PLLC has a deep knowledge of and vast experience in handling these matters. We will contact the competitor who filed the claim on Amazon, demand they retract the claims filed, and aid you in appealing to Amazon to demonstrate that the complaint is false. Beyond these efforts, we will also bring litigation against the sellers who filed falsely and arbitration against Amazon if required, in order to restore your account as quickly as possible.
Feel free to email us or call (718)-657-7400 for more information on this subject. If you found this content helpful, be sure to review our blog weekly for new updates and information for e-commerce sellers.
Be sure to check out our articles regarding Amazon Temporary Restraining Orders (TRO) related to Crayola, General Motors, and Telfar!
by Travis Stockman, Esq. | Aug 5, 2022 | Intellectual Property Infringement
Crayola Filing Lawsuit Against E-Commerce Sellers for Trademark Infringement and Counterfeiting
The law firm Greer, Burns & Crain, Ltd. is back at it again: Case No. 22-cv-03902. Crayola has filed a suit against e-commerce sellers. The company claims these folks have formed an organized counterfeiting ring. To be clear, the global crayon and art supply giant is primarily aiming the lawsuit at Chinese-based sellers. In other words, those utilizing multiple platforms, such as Amazon, Walmart, Wish.com, eBay, DHgate, and Etsy all over the world.
Chinese E-Commerce Sellers Sued by Crayola: Why Is This Happening to Me?!
Along these lines, Crayola further alleges that by defrauding the American marketplace, “significant health and safety risks” may occur. This is due to the fact that many of the company’s products are manufactured and advertised to children. In addition, e-commerce sellers are not subjected to enough scrutiny by the platforms themselves, so claims the suit. As a result, Crayola states they are incapable of determining each seller’s individual identity because they create too many online storefronts, as a way to develop a sort of smoke screen.
Greer, Burns & Crain, Ltd., Case No. 22-cv-03902: Crayola Lawsuit Against E-Commerce Sellers
Here’s the solution: You must develop a plan of action! Our top-tier intellectual property attorneys will work closely with you to create a RESPONSE. You must provide an Answer to the court because THE NOTICE IS NOT SPAM. We strongly urge you to take the complaint filed against you seriously! The associated TEMPORARY RESTRAINING ORDER (TRO) will not vanish into thin air. And, we do not want you to be prohibited any longer from accessing the money your legitimate business has earned from selling Crayola products, as well as all other branded goods.
Absolutely Provide an Answer to the Court to Remove the Temporary Restraining Order
Feel free to email our firm or call (718)-657-7400 for more information on this lawsuit. If you found this content helpful, be sure to review our blog weekly for new updates and information for e-commerce sellers.
Want to read more? Peruse our recent article about a similar General Motors lawsuit!
by Travis Stockman, Esq. | Aug 3, 2022 | Intellectual Property Infringement
General Motors Suing Online Sellers for Alleged Sale of Counterfeit Products
Hey all, just in: GM is suing online sellers. The multi-billion dollar automotive conglomerate General Motors has filed a lawsuit. Greer, Burns & Crain, Ltd: Case No. 22-cv-04031. The suit alleges that sellers based in China and beyond are working together to offer counterfeit GM products to unknowing buyers. Additionally, the suit claims that e-commerce sellers on platforms like Amazon, Wish.com, Etsy, eBay, Walmart, DHgate, Alibaba, and AliExpress are specifically targeting US consumers. And even further, the lawsuit alleges that sellers just like you are responsible for GM losing billions of dollars.
What Does it All Mean?: GM Suing Online Sellers Case No. 22-cv-04031 Greer, Burns & Crain, Ltd.
In short form, as one of the defendants in the GM lawsuit you should do one thing above all: RESPOND. We would love to tell you that you could just ignore this notice and continue with your business. However, we all know that is not possible at the moment. Mainly because what accompanies the lawsuit is a TEMPORARY RESTRAINING ORDER (TRO). Oofa!
You Should Respond to the Lawsuit to Get the Temporary Restraining Order Lifted
The TRO is a serious roadblock to your success as an e-commerce seller. For example, it hinders your ability to touch the funds your online business has generated from the sale of GM products. Furthermore, it stops you from accessing the money you made from selling any other branded product. Consequently, you need to take action. Now, what precisely is that action?
GM Suing E-Commerce Sellers: Responding To The Lawsuit
Our experienced and dedicated team of intellectual property attorneys will work closely with you to compose a strategic Answer to the court. As a result of our collaboration, you will have the opportunity to present an ironclad defense in response to the alleged wrongdoing outlined in the Greer, Burns & Crain lawsuit. Ultimately, our aim is to help get the TRO removed from your accounts so you can continue to conduct business online and make money. Contact us today for more information on this lawsuit. If you found this content helpful, check out our blog for new weekly updates for e-commerce sellers.
Please don’t leave! Take a moment to read up on our previous post: Telfar Suing Amazon Sellers
by Travis Stockman, Esq. | Jul 29, 2022 | Intellectual Property Infringement
Telfar is Suing E-Commerce Sellers Due to Trademark Infringement
Telfar is one of the hottest, most affordable designer bags companies on the market today. Accordingly, Telfar bags sell out immediately after their release. And major public figures and celebrities often wear them, like Oprah, Beyoncé Knowles, Dua Lipa, and Alexandria Ocasio-Cortez. As a result, Telfar Clemens and their collections have garnered praise from The New York Times, Vogue, New York Magazine, HYPEBEAST, and The Wall Street Journal.
Consequently, many counterfeit Telfar bags and products exist. Worse, some resellers may not realize the bags they are sourcing could potentially be counterfeit putting them at risk for involvement with this lawsuit. Therefore, you may ask, “How does one tell a real Telfar product from a fake one?”
Our Next topic: Case No. 22-cv-03635 Filed by Greer, Burns & Crain, Ltd. Telfar Suing Amazon Sellers
You MUST RESPOND in order to have the Temporary Restraining Order (TRO) lifted if you are one of the defendants in the lawsuit filed by Telfar. Right now, the TRO prevents you from operating your e-commerce accounts. It also stops you from accessing the money your business has earned via the sale of Telfar goods and all other branded products.
Is this fair? Probably not! However, you must provide an Answer to the court. As detailed in the Summons and Complaint tied to the TRO, if you fail to respond, the next thing that could happen is a Default Judgment – oh no! – wherein liability is assumed, and the court will automatically rule in favor of Telfar. Which would be even more unfair! Avoid this potential outcome by simply giving an Answer.
THE NOTICE YOU RECEIVED IS ABSOLUTELY NOT SPAM!
How to Respond: Telfar Suing Amazon Sellers
All you need to know is this: Our firm consists of a highly qualified team of intellectual property attorneys who will help craft the Answer that will be given to the court. In this response, you may specify your own claims, and most importantly, provide a detailed defense against the accusations specified in the lawsuit regarding the sale of counterfeit Telfar products. Feel free to email us or call (718)-657-7400 for more information on this lawsuit. If you found this content helpful, be sure to review our blog weekly for new updates and information for Amazon sellers.
Be sure to check out our previous post! Amazon Suing Sellers and Facebook Admins Over Review Manipulation Accusations
by Travis Stockman, Esq. | Jul 27, 2022 | Amazon Suspensions
Just last week, multiple major media outlets reported on a huge lawsuit filed by Amazon, which is suing upwards of 10,000 Facebook group administrators for writing and/or facilitating fake reviews for e-commerce products. Amazon labels this tactic as “Review Manipulation.”
If you are one of the Amazon sellers named in the lawsuit, then you may be the victim of an unfair accusation. The complaint filed in King County Superior Court, Seattle, alleges that groups like “Amazon Product Review” and “Amazon Varified Buyer & Seller” offered payment and/or refunds to buyers in exchange for writing bogus reviews, or directly sold fake reviews, on Facebook.
This latest tactic by Amazon is negatively impacting thousands of online businesses just like yours.
Reportedly, the most difficult aspect of Amazon’s crusade is that the identity of the Facebook group admins is apparently unknown, which explains why the complaint does not actually name them, it simply refers to the defendants as, “Jane Does d/b/a [doing business as] Facebook groups creators, admins, and moderators.” And yet another roadblock is that many of the FB groups are private and they only admit those who can prove they are an Amazon seller or reviewer.
As a defendant in the case, you, the seller, have had your account suspended for review manipulation. Next, if not already, you will be asked by Amazon for a Plan of Action.
WE ARE HERE TO DEFEND YOU! Our firm has the deep, intricate knowledge and experiential wherewithal to assist in drafting this Plan of Action, and by doing so, we will provide you with the tools to get reinstated as a seller. Stockman & Poropat, PLLC can offer you the services you require to get rid of this ugly, annoying, confusing mess!
Our firm has successfully handled a myriad of cases just like this, so we can say the following with the utmost confidence: Transparency is the key to reinstatement. Our communication strategy with Amazon will be two-pronged in its overall approach: isolate select reviews for removal and demonstrate a full understanding of review policies so as to convince Amazon that such a violation of terms will never happen again.
You deserve a second chance. We will not only help restore your account, but we will help educate you on how to operate your business to prevent this kind of disruption moving forward. In the unfortunate event you are actually sued, our firm can explore your needs to defend the litigation and establish innocence. Feel free to email us or call (718)-657-7400 for more information on this lawsuit. If you found this content helpful, be sure to review our blog weekly for new updates and information for Amazon sellers.