by Travis Stockman, Esq. | Feb 7, 2022 | Intellectual Property Infringement
Have you recently received a notice of a lawsuit filed by Greer, Burns & Crain, Ltd. on behalf of Peanuts Worldwide, LLC (Case No. 22-cv-00502)? And have you been named as one of the Defendants in the case?
If the answer is yes, then we are very pleased you found our page! It would be our great pleasure to offer a little context on just what this lawsuit means for you as a hardworking and honest e-commerce seller.
Typically speaking, online sellers like you become aware of the lawsuit they were named in as a result of a Temporary Restraining Order (TRO), which is to say, after you found out all of the money in your e-commerce accounts has been frozen or withheld because of the suit.
(Arghhh!!! How frustrating!!! Believe us, we know! Even Charlie Brown would sympathize!)
The TRO is accompanied by a Summons and Complaint as well, which sets for the plaintiff’s claims and indicates that you, the Defendant, acknowledge the receipt of the notice, and that you must respond to the court in a timely manner. In order to properly respond to a Federal lawsuit, you are required to file what is known as an Answer. Simple enough! And this Answer is where you may present, in written form, whatever response is necessary to the Plaintiff (Peanuts), including a counter or cross claim and/or any defense.
If you do not respond, a default judgment may be entered against you. Which is where we come in! Call us to avoid a default judgment! The notice is NOT spam!
Based on the notice, Peanuts alleges that sellers based in China and around the world are taking advantage of various trademark leniencies in order to knowingly purvey counterfeit or copyright infringing products on DHgate, Wish.com, Alibaba, eBay, and Amazon (Greer, Burns & Crain, Ltd. Case No. 22-cv-00502). Unfortunately, your earnings will continue to remain withheld and inaccessible until you resolve the matter.
The Law Office of Travis J. Stockman is committed to serving as your beacon of hope throughout the entire process of this legal nightmare! Our legal strategies are as unique as all of our valued clients’ situations. We are entirely confident our unflagging determination to counter unsubstantiated claims, provide an impenetrable defense, and/or reach a quick and painless settlement will deliver the results you need, as well as the money you absolutely deserve. Contact us ASAP for a free consultation!
by Travis Stockman, Esq. | Feb 1, 2022 | Intellectual Property Infringement
Most likely, you are reading this because you were named as a Defendant in a lawsuit (Case No. 21-cv-06159) filed by Greer, Burns & Crain, Ltd. for the multi-billion dollar sports brand Nike.
You may have even failed to respond to the suit, which equates to a procedural forfeit. But, do not worry! You have landed on the right law firm’s blog!
Most e-commerce sellers receive notice of a lawsuit by way of a Temporary Restraining Order along with a Complaint which has been served prompting a time to respond to the court. A Complaint sets forth a jurisdictional basis for the court’s power, the plaintiff’s cause of action, and a demand for judicial relief. When responding to a Complaint in a Federal lawsuit, you must file what is called an Answer. The Answer sets forth your responses to the plaintiff’s Complaint while providing you with an opportunity to assert any defenses, cross claims and counterclaims.
In this matter, Case No. 21-cv-06159, Answers are past due and default judgment has been entered. From the records available on this case, it appears that not one of the several hundred sellers named in this lawsuit have responded to the court. As a result, a default judgment in the amount of $100,000 has been issued against all sellers.
We understand how easy it is to mistake a serious, legally binding notice like this for spam, but please know, it is absolutely real! In all likelihood, you were previously hit with a Temporary Restraining Order (TRO), which widely disrupted the core function of your e-commerce business: to sell products and turn a profit. As a result of this lawsuit and following the expiration of the TRO, all of the funds in your accounts will remain frozen until the default judgment is contested, paid in full or resolved by way of settlement.
If you are the recipient of a default judgment based on a failure to respond, you have not reached a dead end. Thankfully, the remedy to the situation is as simple as securing a fully experienced and thoroughly knowledgeable attorney, one who can shoulder your burden and seamlessly communicate with the Plaintiff’s law firm for you, and ultimately reset your e-commerce account back to a healthy, operating, and profitable state.
The Law Office of Travis J. Stockman is here to guide you through the process of developing a tailor-made legal approach to resolving all your issues, and we will do so efficiently and with a smile. We consistently strategize winning solutions for a very satisfied global client list, and we likely have the answers to the questions you have been asking. Do not hesitate a moment longer, contact us today and tell us your story so we can help.
by Travis Stockman, Esq. | Jan 26, 2022 | Intellectual Property Infringement
Aquapaw has filed a lawsuit targeting e-commerce sellers who offer consumer products on Wish, AliExpress, eBay, and mainly, Amazon. The lawsuit, brought by Ference & Associates, LLC claims that the collective defendants, located around the world, are working conspiratorially in concert to sell counterfeit Aquapaw products to customers throughout the United States. The case is No: 21-cv-01784 filed by Ference & Associates, LLC in the Western District of Pennsylvania.
Aquapaw is a company that manufactures innovative pet bathing tools and accessories, which are designed to streamline the process of bathing pets. Their most popular item is the Aquapaw Pet Bathing Tool – a wearable spray-scrubber that attaches to a garden hose. Among their many products, Aquapaw also offers the very popular Aquapaw Slow Treater, a silicone licking device with suction cups, which is meant to incentivize dogs to enter and remain in the bathtub so that owners can clean their pet with ease. The brand has received the Best in Show award at the Global Pet Expo and appeared on the television show “Shark Tank,” and garnered media attention from the likes of PureWow, Good Housekeeping, PopSugar, and BuzzFeed.
As a Defendant named in the lawsuit filed by Ference & Associates, LLC on behalf of Aquapaw, we ask that you please understand that you are required to respond. While you may initially believe this is spam, it is most certainly not. We also assume that by this point, you are suffering from the effects of a Temporary Restraining Order (TRO) – an incredibly disruptive order that prohibits you from conducting business, and which bars you from accessing the funds across all of your e-commerce accounts. All of which is due to the alleged sale of knock-off Aquapaw Slow Treater products.
The Law Office of Travis J. Stockman is ready at the helm with the unique, specialized knowledge required to successfully reinstate you as an e-commerce seller! Consider us your greatest ally, for our combination of tenacity and passion is unrivaled, and our ability to negotiate favorable outcomes in cases just like this one is unmatched. Call us now!
by Travis Stockman, Esq. | Sep 8, 2021 | Intellectual Property Infringement
Emoji Company GmbH has filed a lawsuit against a selection of online sellers utilizing Internet Stores and marketplace platforms such as Amazon, eBay and Etsy. The lawsuit claims that several e-commerce entities based in the People’s Republic of China and other foreign locales are purveying unlicensed, unauthorized, and/or counterfeit Emoji Company brand products to consumers in the United States. The case, No: 21-cv-2969, was filed by the law firm Hughes Socol Piers Resnick & Dym, Ltd.
Founded in 2015, Emoji Company holds the exclusive rights to the registered emoji® trademark and is the creator/owner of one of the world’s largest libraries of icons designed for commercial use. The Emoji Company offers licensing of more than 15,000 icons for television, print, and online purposes, as well as unique icon-development services, for an elite list of clients, including Kellogg’s, Nestlé, Universal Music, Sony Pictures Animation, Nikon, Random House, and more.
DO NOT WORRY if you are one of the Defendants named in this lawsuit!
As one of the Defendants, you have already been issued a Temporary Restraining Order (TRO), which no doubt feels like a roadblock to your daily course of business, as it has frozen your e-commerce accounts across digital platforms and/or related to your Internet Stores, and prevented you from conducting consumer sales. The TRO also affects any future sales revenue related to the claim described in the suit, and any other funds you may otherwise earn from the sales of products with brands totally distinct from the Emoji Company.
This disruption to your business can be solved quickly if you have the reasonable and sound advice of the appropriate legal counsel, which is where we come in!
The Law Office of Travis J. Stockman has an unfaltering passion for and knowledge of US intellectual property law, and we have resolved a large volume of cases on behalf of many high-profile clients, wherein we successfully argued against the same or similar claims as described in the Emoji Company lawsuit. Our experience, professionalism, and tenacity will enable you to reinstate your frozen and interrupted online seller accounts, and once again start making money.
We offer free consultations! Contact our firm via phone or email so that we can tailor a legal strategy specifically for your needs and get you results as soon as possible. Our firm specializes in getting industrious online sellers like you back on the marketplace, free and clear of lawsuits, so that you can continue to move forward on the path to financial success. Do the right thing and have the Law Office of Travis J. Stockman on your side!
by Travis Stockman, Esq. | Feb 19, 2021 | Intellectual Property Infringement
Swarovski, represented by Greer, Burns & Crain, Ltd., has filed a lawsuit against e-commerce sellers: Case No. 21-cv-00714.
Founded in 1895, Swarovski is a globally popular glass, jewelry, and accessories producer based in Austria. The company has an annual revenue of over $4 million and more than 3,000 retail stores across 170 countries. Many iconic celebrities have worn the brand’s jewelry, among them Audrey Hepburn, Marilyn Monroe, and Penelope Cruz; and Swarovski pieces have been featured in a number of acclaimed films, such as Titanic, Black Swan, Moulin Rouge, and Beauty and the Beast.
If you are one of the Defendants named in the suit filed by Swarovski, then by now it is likely you have received a Temporary Restraining Order, which has resulted in frozen accounts and assets related to the sale of so-called “infringing and counterfeit” products manufactured with the company’s branding. Monies generated from the sale of products entirely unrelated to the company in question may also be tied up due to the Temporary Restraining Order. We understand how frustrating this kind of interruption to your business can be, and we want you to know there are solutions at hand.
Above all else, it is always in your best interest to respond. Providing an Answer to the lawsuit decreases the risk of you losing money by a long shot. In effect, issuing a response excludes you from the possibility of receiving a Default Judgment, which is something you definitely want to avoid at all costs. Simply put, a Default Judgment is a fancy term for a judgement issued by the court when a defendant has failed to appear or respond to the lawsuit. In these instances, liability is presumed and the court typically awards the plaintiff hundreds of thousands of dollars in damages. This may be of particular importance if you and your business entity are based in China or another country outside of the United States as our legal system is difficult to navigate and extremely complicated.
The Law Office of Travis J. Stockman is eager to offer you the kind of effective guidance required to appropriately counteract any unproven claims made against you as an e-commerce seller. When major international companies worth billions of dollars leverage a complaint against an independent entrepreneur and small business operator like you, that’s where we come in! You need someone who can successfully resolve your case for you. We want to put the money you made and which you are owed back in your account just as enthusiastically as you do!
Call us for a free consultation. We can help.
by Travis Stockman, Esq. | Feb 11, 2021 | Intellectual Property Infringement
Iron Maiden Holdings, Ltd. has filed a lawsuit against a group of online sellers who use platforms like Amazon, eBay, Wish, AliExpress, and Etsy. The suit claims that various e-commerce entities based in the People’s Republic of China and jurisdictions elsewhere are selling unauthorized, unlicensed, or counterfeit Iron Maiden branded products to consumers in the United States. The case, No: 1:21-CV-00631, was filed by AM Sullivan Law, LLC.
Iron Maiden is a Grammy-winning heavy metal band and one of the most famous and influential groups in the entire genre’s history. Throughout their nearly 50 years of activity on the international music scene, the group has recorded more than 70 albums and sold over 100 million copies across the world. Additionally, Iron Maiden has been ranked No. 3 on VH1 Classic’s “Top 20 Metal Bands,” No. 4 on MTV’s “Top 10 Greatest Heavy Metal Bands of All Time,” and No. 24 in VH1’s “100 Greatest Artists of Hard Rock.”
If you are one of the Defendants named in this lawsuit, then you have likely already received a Temporary Restraining Order barring you from conducting sales and freezing the funds in your e-commerce accounts. The Temporary Restraining Order impacts potential revenue generated in relation to the claim specified in the suit, and the remainder of any capital you may potentially collect from sales of different products that are wholly unrelated to Iron Maiden. We understand your frustration and want you to know that this situation can be remedied with the right legal counsel on your side.
The Law Office of Travis J. Stockman has a deep knowledge of infringement laws, and we have won numerous cases involving allegations just like those put forth in the Iron Maiden Complaint. We have worked with many high profile clients to successfully reinstate their ability to collect disbursements interrupted by Temporary Restraining Orders, to seek dismissal from the litigation and have helped our clients overcome a broad array of accusations regarding intellectual property infringement.
Call us for a free and easy consultation. We know you will want to work with us because our firm has an unrivaled ability to develop unique legal strategies for hardworking online sellers just like you. We want to get you back on the e-commerce marketplace making the money you deserve as fast as you do!
by Travis Stockman, Esq. | Feb 3, 2021 | Intellectual Property Infringement
Richemont (Compagnie Financière Richemont SA), represented by Greer, Burns & Crain, Ltd, has filed a lawsuit directed at e-commerce sellers, Case No. 21-cv-00461. The complaint alleges the following:
“On information and belief, Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Plaintiffs, have jointly and severally, knowingly and willfully used and continue to use Plaintiffs’ Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Products into the United States over the Internet.”
Founded in 1988, Richemont is a luxury goods company worth over $17 billion that is based in Switzerland, whose subsidiaries include Cartier, Montblanc, Chloè, Van Cleef & Arpels, and Panerai, among others. The brand manufactures and sells watches, pens, jewelry, leather goods, clothing, and accessories; and is a publicly traded entity on the JSE Securities Exchange and the SIX Swiss Exchange.
According to information gathered by Richemont, a group of unidentifiable online sellers using platforms like Amazon, AliExpress, eBay, Wish.com, and Dhgate are purveying counterfeit, unauthorized, and/or unlicensed versions of their trademarked products on the international market. It is important to note that this claim is predicated on belief and has not by any means been proven true. Which is to say, if you are one of the Defendants named in the lawsuit, just know that there are many legal options at your disposal!
The Law Office of Travis J. Stockman is here to help! We have successfully defended many e-commerce sellers and are confident that we can get your online marketplace accounts unfrozen and operating. We eagerly anticipate developing a legal solution tailormade for your exact needs, and look forward to discussing the particulars of your case with you. Contact us now for a free consultation!
by Travis Stockman, Esq. | Feb 1, 2021 | Intellectual Property Infringement
Greer, Burns & Crain, Ltd has filed a lawsuit, Case No. 21-cv-00326, on behalf of Converse against e-commerce sellers who the company claims are offering unlicensed and unauthorized products to consumers across different platforms.
Perhaps you have personally received a notice that states, “We are writing to inform you that your disbursements from your seller account have been placed on hold. We took this action in accordance with a Temporary Restraining Order issued by a federal court.”
E-commerce sellers are slapped with temporary restraining orders because companies like Converse accusingly speculate that the restraining order will prevent further harm and that traditional notice of a lawsuit, issued by a process server, may lead a seller to migrate assets subject to the litigation. As a result, both the small fraction of funds earned by the sale of the product or products in question, and the majority of the earnings a seller has otherwise generated are subject to the temporary restraining order, which is harmful and disruptive. All funds and accounts will remain frozen until the determination of infringement has been made and/or the case has been resolved with the plaintiff.
Converse is a billion-dollar shoe company known around the world for its athletic footwear, apparel, and accessories designed with the iconic star insignia. The brand has sold products for over a century through 170 of its own stores and various retailers in the United States and internationally, and since 2003, has functioned as a subsidiary of Nike. While we respect the company’s desire to protect itself, we understand that these temporary restraining orders filed on Amazon can have drastic effects on sellers. Receiving notice of a temporary restraining order as an e-commerce seller can be ultra stressful! Especially if you are not a citizen of the United States and operate in China or any other country.
Just know, we offer the legal expertise and guidance needed to defend you and we will pursue compensation for any damages you have incurred as a consequence of any wrongful enjoinment. Often, these cases are complex because they contain many intertwined pieces of transactional and intellectual property information, and take considerable effort to resolve; at the same time, the solution to unfreezing a seller’s account could be as simple as providing proof to establish a credible identity. It all depends!
Each and every case is unique, and the Law Office of Travis J. Stockman believes you are, too. Our free consultation service provides us the opportunity to examine the granular details of your particular situation, and from there, we will quickly develop a strategy to get you back on the marketplace. Give us a shout today!
by Travis Stockman, Esq. | Jan 29, 2021 | Intellectual Property Infringement
While defendants in a lawsuit typically receive notice of the matter by way of process service, the first notice Amazon sellers receive is by way of a temporary restraining order in which their funds are already withheld. Sellers will receive the following notice from Amazon, “we are writing to inform you that your disbursements from your seller account have been placed on hold. We took this action in accordance with a Temporary Restraining Order issued by a federal court.” While temporary restraining orders are designed to be temporary, Amazon will only release your funds upon notice of the filing party. The filing party being the plaintiff’s attorney. While these lawsuits can be extremely stressful for Amazon sellers, they can absolutely be resolved with the assistance of the proper legal counsel.
Christian Dior is a popular clothing company named after a French fashion designer. Over the years, Christian Dior has gained a large popularity all over the world. In an effort to enforce it’s intellectual property rights, Christian Dior has filed a lawsuit against Amazon sellers who they believe are offering unlicensed products via several online platforms in an effort to sell counterfeit goods under concealed Amazon identities. This particular case was brought in the Federal District Court of the Northern District of Illinois by Greer, Burns & Crain, Ltd under case number 21-cv-00347.
In many of these cases, the defendants subject to the lawsuit are not United States citizens. These plaintiffs often fear that traditional notice of the lawsuit will compel the seller to move assets subject to the litigation. As such, they seek temporary restraining orders convincing the federal judge that such an order is necessary to prevent further harm. The problem is that many of these defendants are not foreign citizens and will not move assets subject to the litigation. Nonetheless, they are still subject to the same temporary restraining order. In many cases, only a small fraction of the money withheld may have been earned by the sale of the product at issue. This is harmful for sellers as a majority of the lawful earnings made by the seller will also be subject to the temporary restraining order before any determination of infringement has been made.
Receiving notice that you are a defendant in a lawsuit can be an alarming situation. However, you can defend your case and possibly seek damages if you were wrongfully enjoined or restrained by the temporary restraining order. If you received this notice from Amazon, you should call an attorney as soon as possible. The Law Office of Travis J. Stockman is available to guide you through such a complicated legal scenario. Give us a call today for a free consultation.
by Travis Stockman, Esq. | Jan 27, 2021 | Intellectual Property Infringement
If you are an e-commerce seller who has recently received a temporary restraining order (TRO) from Harley-Davidson, this might be the reason why:
At the beginning of January, Greer, Burns & Crain, Ltd. (GBC) filed a complaint on behalf of Harley-Davidson which seeks injunctive and monetary relief for damage done to the brand by e-commerce sellers allegedly offering counterfeit, unauthorized, or unlicensed products to consumers across platforms.
A temporary restraining order (TRO) is issued when owners of intellectual property rights, such as Harley-Davidson, initiate civil lawsuits against those merchants selling allegedly infringing products. The Harley-Davidson complaint is aimed at sellers who they claim operate multiple unidentified virtual storefronts in an effort to purvey counterfeit goods. TROs usually lead to the suspension of accounts, removal of so-termed counterfeit or infringing merchandise, and the withholding of payments. You yourself may have already experienced the negative results of these actions.
Why did you receive a temporary restraining order (TRO)?
There may be many reasons, including inadequate identity verficiation protocol on e-commerce platforms, which leads companies like Harley-Davidson to believe sellers “routinely use false or innaccurate names and addresses” when they are not; or even something as simple as general confusion about the nature of the online marketplace due to the fact that it is an ever-changing frontier. Essentially, the answer to this question is often complex and requires a careful examination of the facts by a dedicated legal professional.
Just know, you have legal rights as an e-commerce seller and we are here to defend you! It is our mission to get your business operations reinstated as soon as possible so that you can continue to make your hard earned living. Our expertise is unmatched and we are committed to getting you back up and running on the road to success! Call us for a free and friendly consultation.