Defendant of product infringement, multi platform sellers collectively respond to rogue law firms

2023-09-15
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Author:Zheng Yang
Source: ennews

Recently, a seller revealed to Yi'en.com that a large number of sellers have received infringement notices of Amazon platform products, and subsequently the product links have been removed from the shelves. The sellers involved believe that this is a scam by a rogue law firm, maliciously plotting to harm the seller's interests.

 

The exposed seller told the editor of Yi'en.com about the entire incident. At the same time, he hopes that sellers of similar products can form a group to counterclaim and protect their legitimate rights and interests together.

 

The product has been removed from the shelves,433 sellers collectively accused

 

The seller revealed that they areOn December 9th, a notice was received from Amazon regarding the removal of product links due to trademark infringement. The prosecution is David Law Firm;

 

On December 13th, a large number of sellers in this category uniformly receivedTROTemporary injunction(Temporary Training Order),Store fundscoverfreeze; On the same day, the seller heldA conciliatory attitude, finding an intermediary to contact the other party's law firm;

 

On December 14th, the sellerAccidentally discovered a100 Sellers Respond to ComplaintsTheThe law firm won the lawsuitofnews,Subsequently, it was decided to contact the affected seller for collective rights protection.

 

It is reported that the products involved in this infringement case are mainly kitchen utensils and scissors. The sellers mainly sell them on Amazon platform, and some sellers also sell them on AliExpress platform.

 

Defendant of cross-border information product infringement, multi platform sellers collectively respond to rogue law firms

 

Sellers areOn December 13th, we received a temporary injunction (TRO) issued by the court. Although some sellers deleted the relevant product links as early as January this year, they still cannot escape malicious prosecution from rogue law firms.

 

It is reported that,David Law Firm, commissioned by RT INC, filed a lawsuit against the seller of CLEVER CUTTER for trademark infringement. The full name of RT INC is Ronan Tools, INC. The product in question is its multifunctional scissors product, with keywords including CLEVER CUTTER and MULTI-CUT.

 

Actually, this is not the first time the brand has entrusted a law firm to protect its rights, as it has beenIn 2020, the brand commissioned Keener&Associates, P Law firm C has engaged in rights protection activities.

 

In this indictment,RT INC mentioned that the defendant engaged in illegal operations through e-commerce websites such as Amazon, eBay, Wish, Tophatter, Alibaba, and AliExpress. According to the initiating seller, the Amazon platform has frozen the amount of the relevant defendants, resulting in heavy losses.

 

Subsequently, a seller provided the editor with an official infringement email response from Amazon.

 

E-commerce platform product infringement defendant, multi platform sellers collectively respond to rogue law firms

 

Amazon stated:We have removed some of your products and the payments you made from your seller account have been placed on hold. We have taken this action in accordance with a temporary restraining order issued by a federal court. Amazon prohibits sellers from infringing on others' copyrights, patents, trademarks, design rights, database rights, intellectual property rights, or other proprietary rights in projects

 

Amazon emphasizes that it cannot provide any further information about this action to the seller, nor can it process any appeal messages against Amazon, and Amazon may not respond to other emails regarding this issue.

 

According to the seller's feedback, this timeDavid Law Firm has sued a total of 433 sellers, including genuine infringing sellers and sellers who have been maliciously sued. Sellers who have been maliciously sued will need to spend high settlement fees to resolve the case, "which is also the ultimate goal of David Law Firm - to obtain settlement fees through maliciously suing sellers and achieve the goal of collecting money," said one of the involved sellers.

 

At present, the seller who reported to Yi'en.com has found the relevant law firm to handle the case and is gathering friends from the seller to prepare to respond to the lawsuit. Due to the large number of sellers required to respond to the lawsuit, it was originally scheduled toThe response on December 22nd was postponed.

 

The settlement cost is high, and the victim seller calls for a group to respond to the lawsuit!

 

According to the seller who initiated the rights action, in response to the freezing of funds in this lawsuit, if the seller wants to settle, they must pay high settlement fees.

 

Based on the seller's understandingsee,aim atFor stores with zero sales, the settlement fee is $2000-5000; For stores with sales of over a hundred, the settlement fee is expected to be over $10000For most sellers, this is not a small sum.


Defendant of cross-border overseas product infringement, multi platform sellers collectively respond to rogue law firms

 

In response to the lawyer's response, some involved sellers have stated that they have given up and are prepared to compensate, with a compensation amount of$5000. In addition to settlement fees, most of the economic losses caused by sellers removing product links are in the tens of thousands of dollars, and sellers affected by malicious complaints suffer unbearably.

 

Although some sellers have already pledged their lives and are preparing to lose money, there are also some sellers who hope to protect their legitimate rights and interests through legal means. Sellers hope to be like beforeLike the 'Wedding Dress Case', unite to respond to lawsuits and protect rights. The sellers who initiated the rights protection action believe that the affected sellers should not remain silent and should unite to form a group to respond to the lawsuit and protect their legitimate rights and interests.

 

It is reported that this yearOn November 25th, David Law in the United States prompted the court to execute a temporary TRO under the guise of an infringement complaint, resulting in the freezing of 524 store accounts, while the category involved at the time was wedding dress. At that time, 105 sellers chose to actively defend their rights and file a class action lawsuit.

 

After the incident, the seller actively formed a group and searched for similar cases on Google to find a solution. Hard work pays off to those who are willing, and they have found someone with successful experience in responding to similar casesInterlink law group law firm.

 

After building groups with numerous sellers, planning strategies, discovering effective law firms, and communicating with them, these sellers officially responded to the lawsuit and foughtDavid's law firm was caught off guard and had to withdraw the lawsuit against 524 Chinese sellers, resulting in a very happy outcome.

 

The victimized sellers actively responded to the lawsuit, hoping to replicate itThe success of the 'Wedding Dress Case'. My lawyer told me,If there are more sellers gathered, the probability of winning the lawsuit is greater.at that timeDavid Law Firm never expected that more than 100 sellers would unite to defend their rights, which caught David Law Firm off guard and forced it to withdraw the lawsuit. The road to safeguarding rights is long, and I hope more victims of this case can actively join us

 

The exposed seller stated that currently, he has gathered dozens of victim sellers, and if the number of responding sellers can reachThe probability of winning a lawsuit can be close to 100% between 50 and 100 people. Because David Law Firm may not have enough time to collect relevant evidence from all responding sellers.

 

In addition, the seller also mentioned that reconciliation takes much longer than responding to the lawsuit, and reconciliation requires at leastTwo months of time. If it is necessary to negotiate with the other party during the period, the time will be longer. According to the seller's personal test, bargaining back and forth 5-7 times, the settlement will take nearly 4 months, and the initiative will be in the hands of the other party.

 

Faced with malicious complaints, sellers should actively defend their rights

 

According to the editor's understanding,David Law Firm is not a shining image of justice in the eyes of cross-border sellers, and its malicious behavior in the market has occurred more than once or twice.

 

faceThe frequent malicious complaints from law firms such as David have also led to many voices calling for victim sellers to collectively respond on cross-border e-commerce forums: we cannot remain silent, we cannot allow these rogue law firms to continue to harm our compatriots, and we cannot let this trend endanger everyone on Amazon.

 

At present, platforms such as Amazon are increasingly cracking down on product infringement. I would like to warmly remind sellers to conduct research when conducting product operations to avoid falling into a crisis of infringement. If you encounter situations like malicious complaints, you should also pay attention to collecting relevant evidence and actively safeguard your legitimate rights and interests!

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