by Travis Stockman, Esq. | Jan 26, 2021 | Intellectual Property Infringement
Are you an e-commerce seller? Has your e-commerce account been frozen on Amazon, eBay,
AliExpress, Alibaba, Wish.com, DHgate, or another platform? Well, if so, you may want to
become familiar with a recently filed temporary restraining order (TRO) submitted by Greer,
Burns & Crain, Ltd. (GBC) on behalf of Nike. The details are as follows:
Nike has taken action to fight what they perceive to be e-commerce sellers who are offering
unauthorized and/or unlicensed products via several online platforms to customers in Illinois.
They claim that sellers are utilizing one or more than one alias to operate multiple e-commerce
stores in an effort to purvey counterfeit goods under concealed identities. However, Nike itself
admits in the complaint that some of the responsibility falls on the e-commerce platforms and
their lack of adequate verification methods. Meaning, if you’ve received a temporary restraining
order (TRO) from Nike, it may not be your fault!
For context, a temporary restraining order (TRO) is a short term injunction, or court order
requiring one to do or not do something, which one receives before a trial. Judges only issue a
TRO when they are convinced it is necessary to prevent further harm to an existing business
and its practices. They are NOT permanent and can absolutely be resolved with the assistance
of the proper legal counsel.
In the case of Nike, a global multi-billion dollar brand, the company claims that e-commerce
sales of so-called “Counterfeit Nike Products” across multiple platforms has resulted in
irreparable damage to their trademarks, and so they are seeking monetary relief. If you are an
e-commerce seller who has been named in the complaint and have not knowingly sold
counterfeit Nike products, or who firmly believes these claims are false, don’t worry! You have
many resources at your disposal.
The Law Office of Travis J. Stockman is here to guide you through the complicated legal
landscape of intellectual property disputes. We have an exceptional track record of resolving a
wide variety of disputes in full compliance with intellectual property laws, and are passionate
about helping honest e-commerce sellers, just like you. Give us a call today for a free
consultation.
by Travis Stockman, Esq. | Jan 25, 2021 | Intellectual Property Infringement
The growth of online ecommerce has resulted in a significant increase in intellectual property disputes between brands and sellers on online platforms such as Amazon, eBay and Alibaba. Many big brands bring lawsuits against ecommerce sellers for trademark and copyright infringement. As a majority of these sellers are located outside of the United States, many may not be fully aware of how our intellectual property laws work.
Trademark Infringement on Amazon, eBay and Alibaba
Amazon sellers may be asking themselves, what is a trademark? A trademark is a form of intellectual property which consists of a sign, design, symbol or words that are associated with or identify a specific item, service or brand. Trademarks are most often used for the names of products or businesses. However, trademarks can also include domain names and, in certain cases, the specific way a store or storefront is designed. The most common issues leading to claims for trademark infringement occur when an eBay or Alibaba seller is making counterfeit versions of a brand’s product using a registered trademark without authorization.
Copyright Infringement on Amazon, Ebay and Alibaba
In addition to trademark infringement claims, many of the lawsuits brought by big brands also bring claims for copyright infringement. A copyright is the protection of an original work of authorship that is fixed in a tangible medium. In other words, it is a work of art that you can physically hold. Both trademark and copyright infringement claims are frequently asserted against eBay and Alibaba sellers.
Temporary Restraining Orders on Amazon, Ebay and Alibaba
Unfortunately, Amazon, eBay and Alibaba sellers are often caught off guard as they are first informed about a lawsuit by way of a temporary restraining order. Worse, along with this notice is the statement that your Paypal or account funds are being withheld. This can be extremely stressful for sellers.
Brands typically obtain a temporary restraining order by visiting a judge and asserting that the brand will suffer irreparable injury, loss, or damage if the court does not order the freeze of the sellers’ financial assets. They must also provide a reason as to why a formal notice should not be required. Often, the defendants named in these lawsuits are not located in the United States. Brands fear that a formal notice will cause these international sellers to destroy or remove assets subject to the ongoing litigation. As a result, brands are often successful in obtaining a temporary restraining order.
Conclusion
Amazon, Ebay and Alibaba sellers should be aware that there is a time limitation in which you must respond to the lawsuit. It is extremely important to timely respond to the court or the seller may receive a judgment issued by a United States Federal Court. If you are an Amazon, eBay or Alibaba seller and have received notice of a temporary restraining order, you should contact an attorney as soon as possible given the time sensitive nature in responding to the lawsuit. My firm assists clients in resolving these lawsuits as quickly as possible to get their funds released and their business back up and running. Do not hesitate to contact our firm should you have any questions or concerns regarding the temporary restraining order received on Amazon, eBay or Alibaba.
by Travis Stockman, Esq. | Jan 25, 2021 | Intellectual Property Infringement
Over the last decade, we have been introduced to social media platforms that connect us to a network of people all around the globe. These platforms have given people the opportunity to brand themselves overnight and ultimately become an influencer or, if you are lucky, a celebrity. Take Justin Bieber as the perfect example. He created YouTube videos of himself, acquired a fan base, and was ultimately discovered by the famous singer Usher. As years pass by, we will continue to find new platforms that encourage people to market themselves such as Tik Tok.
What is Tik Tok?
Tik Tok, a fairly new social media platform, could be considered the new “YouTube,” being that millions of people have taken to the App with their talents. This App allows for users to create and share videos. Whether it is singing, cooking, dancing, creating inventions, or comedy; there are at least millions of people that can access your video. Tik Tok has grown immensely in popularity over a short span of time. We are even seeing it generate lucrative gigs for many individuals. But with so many videos being made, you have to wonder if any of your public works are being used without your authorization.
Infringement on Tik Tok
What happens when a Tik Tok user desires additional content to ‘spice up” their video? Well Tik Tok has a wide selection of licensed songs that can be used to enhance content. But that’s not the problem. The problem is when a Tik Tok user stumbles upon a song they found on SoundCloud, downloads it, and adds it to their video without authorization. If the musician did not grant this user the rights to play their song, they may have a claim for copyright Infringement complaint against the Tik Tok user.
How is Intellectual Property Infringement Enforced on Tik Tok
If you feel your content is being used without authorization, you can send a copyright infringement notification to Tik Toks Infringement Department. This notification would need to consist of the following: contact information, a clear and complete description of the work you believe was infringed upon, the URL identifying the location of the infringing work, a statement made under the penalty of perjury asserting yourself as the rights owner, and lastly your signature. This information is available at https://www.tiktok.com/legal/copyright-policy?lang=en. This notification is sent to the infringing party as well as Tik Tok for further investigation.
Now, if only it was that simple. Tik Tok allows the infringing party to submit a copyright infringement counter-notification if the user believes this was an error. This process takes up to 10 days to complete. This can be a very tedious task. Especially when thousands of Tik Tok users may be using your music without authorization.
How can we Help?
Hiring an attorney to protect your intellectual property is becoming a necessity. As we share videos throughout the net, users could potentially be gaining a profit from videos that may contain your intellectual property. Since this is an App that over 2 billion people have downloaded, your content may be in thousands of videos. Asserting numerous copyright complaints can become a very exhausting task. My firm can monitor, police, and enforce your intellectual property rights in a timely and effective manner.
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