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. | 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.
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.
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