The peak season "harvest" of rogue law firms continues! A number of Amazon explosive products have been targeted, affecting toys, clothing, lamps, home furnishings and other products, 208 stores have been sued and frozen, if you have sold related products, you need to check yourself and remove them from the shelves!
①Kelly Toys
Kelly Toys is one of the world's most influential high-quality plush toys, with best-selling collections including Squishmallows, Kellybaby, Wags & Purrs and more. Among them, Squishmallows has been rated as one of the best toys, and Amazon sellers should be no stranger to the brand's products, with outstanding reviews and sales.
On October 18, the plaintiff company, Kelly Toys Holdings, LLC, filed three consecutive cases for infringement, represented by GBC Law Firm, case numbers 23-cv-15089, 23-cv-15092, and 23-cv-15101, mainly suing for trademark infringement & copyright infringement.
There are more than 10 trademarks involved, both word trademarks and figurative trademarks, and they should not be used on the listing without authorization:
Copyright infringement is for the copyright of plush toys, involving as many as 165, the following is only a part of the copyright works, if you want to view all of them, you can scan the QR code at the end of the article to obtain:
(2) Waterproof and shatterproof light strings
On October 23, the Chinese plaintiff, Dongguan Guanyi Light-Decoration Co., Ltd., filed a lawsuit for infringement of the invention patent, represented by AKERMAN LLP, case number 23-cv-15248, and the product was the outdoor light string that sells hot every Christmas.
The patent name Waterproof and shatterproof light string is waterproof and shatterproof light string, patent number US11408585B1, and it was authorized in August 2022:
The present invention relates to the technical field of decorative lamps and lanterns, and discloses a waterproof and shatterproof light string, including a wire. One end of the wire is provided with a female socket, and at the other end of the wire is provided with a male plug that can be inserted into the female socket, and a plurality of lamps are arranged in parallel in the middle of the wire, and each lamp comprises a lamp head and a bulb connected with the lamp head. There is a gap between the lamp head and the bulb, which is the circumferential gap around the bulb that is defined between the lamp holder and the bulb. One side of the lamp holder is provided with a water outlet, and the bulb includes a shatterproof plastic bulb shell, where the gap is used to direct the water entering the inside of the lamp holder to the drain outlet for discharge.
Note: In the invention patent, the scope of protection of independent claims is the largest, if the product falls into the scope of protection of independent rights, even if the appearance of the product is changed, there is still a possibility of infringement, it is recommended that sellers who sell string light products should have a comprehensive infringement comparison and analysis.
③Fairy Wings
Fairy wings based on butterfly wings are suitable for Halloween and other holiday parties. The plaintiff company, Shenzhen Qingxiyue Electronic Commerce Co., Ltd., filed a copyright infringement lawsuit on October 8, represented by Stratum Law LLC, Case No. 23-cv-14624.
The plaintiff has two copyright registrations for Fairy Wings, both of which were published on October 12, 2021, and the specific copyright images have not yet been disclosed. It is reported that 128 stores have been sued for infringement, and it is recommended that sellers selling related products should pay more attention.
(4) Sink waterproof mat
An easy-to-clean sink waterproof mat with a fence and drain holes that eliminates the need to remove the entire sheet to clean up leaks. THE CHINESE PLAINTIFF SHENZHEN HENGZECHEN TECHNOLOGY CO., LTD FILED A CASE ON SEPTEMBER 4, REPRESENTED BY RUBIO & ASSOCIATES, CASE NUMBER 23-CV-23380, AND 80 AMAZON STORES HAVE BEEN SUED AND FROZEN.
Mainly sued for patent infringement in relation to a U.S. invention patent called Waterproof pad and waterproof structure for a cabinet under a sink, Patent No. US11559140B1:
(5) Chair leg cover
A leg cover that reduces the noise emitted by dragging stools and chairs, was filed by plaintiff SHAOJUN SUN on September 25 and was represented by Renner Otto LLP, case number 23-cv-14080.
Mainly sue for appearance patent infringement, patent name Chair leg cover, patent number USD984251S, was authorized on April 25 this year, and the case was filed after 5 months to protect rights, which shows how strong the plaintiff's awareness of rights protection is, and the seller must be prevented:
(6) Printing pattern
NOVELTY TEXTILE, INC. is a textile company that owns a large number of original printing copyrights, and this case is mainly to defend the rights of its printing patterns. The case is represented by Donigerlawfirm, Case No. 23-cv-6447.
It mainly involves the following copyright patterns, which clothing sellers should pay attention to avoiding:
The above are some of the brands that are suing for infringement recently, there are many infringement minefields, and sellers must do a good job of self-inspection, and deal with them as soon as they find something inappropriate, so as to stay away from the risk of infringement as much as possible. What should I do if I am accidentally sued? After receiving the notice from the platform, you can immediately entrust a lawyer to analyze and deal with it, and it can be solved in as fast as 1-2 months.
Successful cases of infringement settlement
What should I do if I don't pay attention to the email notification and the store is tried in absentia? You can also entrust a professional lawyer to deal with it, and the lawyer's effective negotiation is very likely to make the situation turn around.
The seller's store encountered the TRO case in August last year, but it was tried in absentia due to lack of attention and timely handling. It wasn't until this year that the shipment was past that the existence of the freezing order was discovered, and the account still had $1.4W frozen. In order not to affect the sales in the peak season, Jite was entrusted to help withdraw the lawsuit and restore the store's funds.
After receiving the entrustment, our American lawyer immediately contacted the plaintiff's lawyer, and the plaintiff's lawyer proposed to withdraw the lawsuit at $1W, and after we analyzed the customer's sales situation, we suggested to the customer to negotiate with $2,000 as the target value. After several rounds of negotiations, a settlement was finally reached with $2,000, and the case was resolved in 16 days from accepting the commission on October 6 to reaching an agreement on October 22.
Through this case, it is also a reminder to sellers that they must check whether the store is receiving money normally and email notifications in time to avoid missing TRO emails. If you find that you are not in the trial, don't panic too much or choose to respond passively, or you can entrust a professional lawyer to negotiate and deal with it to solve problems such as the freezing of store funds.
If you need professional infringement settlement services, or want to know whether your products are infringing, please leave a message for consultation~