AWS Law FirmRepresented a trademark rights protection case, the plaintiff's brand isHELLO NEIGHBOR,The defendant has 110 stores, includingSumitong、Amazon、Bonanza、Dunhuang, eBay, Etsy, Frugo, Wish.
oneCase No.: 21-cv-two thousand three hundred and eight
twoTime of prosecution: 2021December 15th
threePlaintiff brand:HELLO NEIGHBOR
fiveAgency Firm:AM Sullivan Law, LLC
sixRight protection type: trademark
HELLO NEIGHBORIt is a Russian terror game. The studio that developed the game is Dynamic Pixels, and the distribution company isTinybuild,LLC。
According to the Yiguan Cross border Infringement Warning，Because of the violationHELLO NEIGHBORBrand trademark rightThe defendant has the largest number of quick sale stores, 60。 The second isWish, 18 stores involved; And thenAmazonThere are 13 infringing stores.
In the list of infringement defendants currently published,Dunhuang WebsiteThere are 12 stores, 4 eBay stores, Etsy1 shop,Bonanza1 shop and 1 Fruugo shop.
The list is shown below:
Most AliExpress stores have been frozen, and searching for "Hello Neighbor" on Dunhuang has lost its search results. This may be because AMS Law Firm is very good at hiding cases. Before the freezing, the brand will not be exposed. Before the freezing is completed, the list of defendants will not be published to prevent the seller from withdrawing cash.
According to the United States Patent Office,Plaintiff Company Tinybuild, LLC8 trademarks have been registered, among whichThe text trademark related to Hello Neighbor isHello NeighborThis trademark is definitely not usable.
The registered categories of Hello Neighbor word trademarks include 009, 021, 023, 026, 036, 038, etc. Sellers selling products around Hello Neighbor related games should not sell any more, and should remove clothing T-shirts, dolls and toys from the shelves in time to avoid stepping into the pit.
meanwhile,Plaintiff CompanyTinybuild,LLCAlso registerThe sellers had better not touch these word trademarks: TOTAL RELIABLE, PUNCH CLUB, CLUSTERTRUCK, THE FINAL STATION, PARTY HARD and TINYBUILD.
According to GamesindustryIt is reported that Hello Neighbor game was originally an independent game released as a beta version on Steam. Hello Neighbor has been downloaded 30 million times in three years and has become a franchise brand with prequels and derivative works.
Plaintiff CompanyTinybuild,LLCHolds the relevant copyright of Hello Neighbor, as follows:
Therefore, it is better for sellers not to sellPeripheral products of Hello Neighbor game characters, such as plush toys.
The official website of Hello Neighbor game is selling relevant books and toys. In March 2020, more than 2 million copies of Hello Neighbor books were sold, generating a revenue of 16 million dollars. At the same time, the animation adapted from the terror game Hello Neighbor has been watched nearly 11 million times in less than a week.
This isgameOfficial website address：https : // www . helloneighborgame . com /
According to the Yiguan Cross border Infringement Warning,Plaintiff CompanyTinybuild,LLCSell more kinds ofHello NeighborperipheryProducts,Including posters, mouse pads, T-shirts, masks, plush toys, etc.
This is salesHello NeighborperipheryproductofOfficial storeAddress:https : // shop . tinybuild . com / collections / hello - neighbor - series
3、 Example of trademark infringement
Search on Amazon now“Hello Neighbor”You will get more than 2000 search results, and more than 1300 search results on eBay, including EtsyBonanza、On Fruugo and other platforms, many sellers are selling products related to Hello Neighbor games, such as dolls, video games, T-shirts, bags, accessories, etc.
However, there are very few products related to the AliExpress platform. As mentioned above, most AliExpress stores may have been frozen. However, there are still sellers. It is better to remove relevant products as soon as possible to avoid infringement.
The title of the listing of this product uses the word trademark Hello Neighbor. The backpack in the main picture of the product is printed with Hello Neighbor game characters, which may be infringing.
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