Infringement occurs from time to time, and it has been particularly fierce recently! Big names from all walks of life have sued for infringement, and as soon as they make a move, many cases have occurred in succession, a large number of stores have been frozen, and thousands of listings are facing a crisis of being taken off the shelves.
TESLA Tesla has 6 cases in a row, and 847 stores have been sued
TESLA is an electric vehicle and energy company in the United States, and is the world's first electric vehicle company to use lithium-ion batteries, specializing in the production of pure electric vehicles, as well as solar panels and energy storage equipment.
Tesla, Inc., the brand owner, filed 6 cases in a row on April 4, April 5 and April 8 this year, and the specific case information is as follows:
案件号：24-cv-60530、24-cv-21265、24-cv-21263、24-cv-21278、24-cv-00172、24-cv-21300
代理律所：THE BRICKELL IP GROUP, PLLC
Type of Infringement: Trademark Infringement
There are as many as 30+ trademarks involved, and the TESLA brand name and logo are the hardest hit areas of infringement, so please do not use them without authorization:
Previously, the list of defendants in the case has also been announced, and 847 stores have been sued and frozen, and this is only the defendant in two of the cases, which shows how lethal the rights protection is.
(The specific list of defendants can be obtained by leaving a message~)
BARBIE Barbie has 2 cases in a row, and thousands of listings may be taken off the shelves
Since its birth in 1959, Barbie has captured the hearts of many girls with its exquisite faces, fashionable professions and clothing, and has become one of the most popular toys in the world.
Mattel, Inc., the brand owner, sued for infringement in two cases on May 6:
案件号：24-cv-3647、24-cv-3655
Law firm represented: GBC
Type of Infringement: Trademark Infringement
The case involved as many as 107 trademarks, among which special attention should be paid to the word mark BARBIE, which is registered in multiple categories, and it is recommended that any product should be used with caution.
In addition to BARBIE, the following figurative trademarks are also very easy to step on, registered in classes 16 and 25, and sellers who sell related products should avoid using the pattern on products or product images.
In addition, the following word trademarks and figurative trademarks are within the scope of rights protection and should also be avoided, otherwise they will also face the risk of infringement:
The query found that there are as many as 1W+ listings related to BAMBIE on Amazon, and there are many products on sale in categories such as toys, clothing, books, household products, etc.
The originator of the fascia gun sues for infringement, where should the seller go?
Fascia guns that can be used for both sports and relaxation and daily massage have been all the rage, and recently Hyperice, the originator of fascia guns, sued for infringement, causing many sellers to panic and be unsure whether their products can continue to be sold.
Founded in 2010, Hyperice focuses on the field of sports rehabilitation and motor function improvement, and has a number of core technologies, including fascia guns, thermal shock belts, ice compress air pressure pulse massage equipment, etc.
The plaintiff, HyperIce, Inc., filed a lawsuit on May 8 to defend its rights, and the case information:
案件号：24-cv-21791
Law Firm: EPS
Type of Infringement: Patent infringement
案件涉及专利名称为MASSAGE DEVICE HAVING VARIABLE STROKE LENGTH（可变换按摩装置）的美国发明专利，专利号US11857482B1：
The patent discloses an exemplary embodiment of a massage device, which includes a piston with a longitudinal shaft, a massage head connected to the piston, a motor located on the first side of the longitudinal shaft, and a handle on the second side of the longitudinal shaft. A drive mechanism for moving the piston and massage head is also included.
The patent was granted on January 2 this year, and the case was quickly filed four months later, which shows the brand's determination to protect its rights.
Jite small class
Invention patent refers to a new technical solution proposed for a product, process or its improvement, which has the advantages of higher technical value, more stable rights and longer protection period (valid for 20 years) than other patents.
In invention patents, independent claims have the largest scope of protection, and dependent claims are further qualified or supplemented by independent claims. Therefore, it is necessary to pay attention to the scope of protection of independent claims, as long as the products sold fall within the scope of protection of independent claims, even if the appearance of the product is changed, there is still the possibility of infringement. In short, to determine whether a product infringes the invention patent, it is not accurate to look like it or not, but to first determine the scope of protection of the patent, and then compare it with the product sold.
Relatively speaking, the infringement determination of invention patents is more complicated, if you feel that you cannot accurately analyze and judge, you can contact Jite for help~
The above are the most worrying cases among the many recent infringement cases, there are many infringement minefields, we must do a good job of self-inspection, find that there is something inappropriate, and deal with it as soon as possible, and 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 and settlement
▼Efficient communication, 3 days to solve TRO infringement
The plaintiff, Lovitedo LLC, accused our customer of infringing its patent USD981123S for the products sold, and proposed an initial offer of $10,000 as a settlement money, and the plaintiff actively collected evidence such as design documents, sales records, and market feedback of our customers' products, and after several rounds of negotiations, the plaintiff finally agreed to reduce the settlement fee to $2,000. From April 26 to April 29, the case was resolved, and the case was resolved.
▼ According to reason, a settlement of 0 yuan was reached in 5 days
After receiving the entrustment, we immediately conducted a detailed infringement comparison and analysis and found that the seller's main products are mainly bags, necklaces, bracelets, etc., which belong to the 18 categories in the trademark classification, and the scope of trademark protection for suing for infringement is 16 categories; Our lawyer argued that it was not related to the plaintiff's 16 types of products, and finally let the plaintiff withdraw the lawsuit with 0 settlement. From April 28 to May 3, the case was resolved, and the case was resolved.
If you receive a TRO email, you don't need to panic too much, you can first entrust a lawyer to analyze the case situation and formulate a response plan, and the effective negotiation of a professional lawyer can often obtain a lower amount of settlement. Whether it is a settlement or a response to a lawsuit, Jite has rich experience and excellent strength, and always looks for the best solution from the perspective of the seller.
If you need professional infringement settlement services, or want to know whether your products are infringing, please contact Jite for free consultation~