Popular toy trademark copyright protection case, Amazon sellers have been frozen

2022-11-21
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Author:Blue Ocean Yiguan
Source: egainnews

Seagoing Information's popular toy trademark copyright protection case, Amazon sellers have been frozen

latelyFlenerThe information of an anonymous case represented by the law firm in November was released recently, which is a popular dartToysofTrademark copyright infringementThere are already casesAmazon SellerIs frozen.

PopdartsstayAmazonIt sells well on the Internet. According to the data of Amazon and the seller wizardToysRanked No. 9 in the Floor games category list, scoring more than 4.5, and the sales volume in recent 30 days exceeded 80,000 dollars.

The case of copyright protection of popular toy trademarks of cross-border e-commerce has frozen Amazon sellers

PopdartssuckerDartsthrowToys's video, ZengstayTikTokGo crazy and get23 million views, afterPopdartsIt quickly became the hottest new game this summerone of。 TheToysThe darts can be glued to any smooth surface, such as kitchen countertops, windows and glass doors.

ICase parameters

oneCase No.: 21-cv-five thousand nine hundred and sixteen

twoTime of prosecution: 2021November 4th

threePlaintiff brand: Popdarts

fourPlaintiff Company: PD Games, LLC

fiveAgency Firm:Flener IP Law, LLC

sixRight protection type: trademark+Copyright

IICase information

According to the Yiguan Cross border Infringement WarningThis case isPopdartsThe case of trademark rights protection involves copyright issues at the same time. Amazon sellers have said they have received a freeze notice, as shown in the following figure:

Amazon sellers have been frozen in the b2b popular toy trademark copyright protection case

Popparts is a family of two brothers(JoshAnd Jason CarmanSmall companies owned and operated,During the epidemic last year, theyCreated thisSuitable for all agesgameThe purpose isGather friends and family of all ages together to stimulate creativityandChallenge ability.

The case of copyright protection of popular toy trademarks of cross-border e-commerce has frozen Amazon sellers

PopdartsDartsToy setInclude an orange targettarget, three greenSilicone toy dartAnd three blue onesSilicone darts, also yellow and purple dart suits

1. Trademark infringement

According to the United States Patent Office,The plaintiff company PD Games, LLC registered two word trademarksnamelyPOPDARTSandTARGET MARKERThe seller should pay attention that these are useless.

Amazon sellers have been frozen in the case of copyright protection of popular toy trademarks at sea

POPDARTS and TARGET MARKERThe registered trademark categories of word trademarks are028、022、023、038、050This means thatGames, toys and sporting goodsSellers selling products by category should pay special attention to the possibility of infringement.028It also includes sports and sporting goods not belonging to other categories, as well as Christmas tree decoration products.

At the same time, the categories of tools, machinery, tools and their parts; Sellers of printed matter, publication categories and unclassified commodity categories also need to pay attention not to infringe.

The case of copyright protection of popular toy trademarks for cross-border trips has frozen Amazon sellers

2. Copyright infringement

According to the Yiguan Cross border Infringement Warning,Plaintiff CompanyIt also owns the following copyrights:VA0002266901VA0002267156PAu004099364PAu004099609PAu004099362The product images on the brand's official website cannot be used, which means infringement.

In addition, copyright infringement ignores the category, and any category seller who infringes the copyright may be prosecuted.

Amazon sellers have been frozen in the b2b popular toy trademark copyright protection case

If the seller is not sure whether he has infringed, he can go to their official website to see if it isPopdartsOfficial website address: https://poppartsgame com /。 Here isPopdartsSome product pictures on the official website should not be used by these sellers:

The case of copyright protection of popular toy trademarks for cross-border trips has frozen Amazon sellers

Amazon sellers have been frozen in the b2b popular toy trademark copyright protection case

The case of copyright protection of popular toy trademarks for cross-border trips has frozen Amazon sellers

at presentSo far, there have been manyAmazonplatformsellerReceive freezing notice, Near termaboutWill also be frozen in successionProducts of other platformsIf the seller thinks that he may infringe, he should remove the product as soon as possible and pay attention toaccountmailboxAnd backstageofInformation.

3、 Example of trademark infringement

There are too many products listing pictures andPopdartsThe images on the official website are similar, which may cause copyright infringement.

The case of copyright protection of popular toy trademarks in cross-border e-commerce logistics has frozen Amazon sellers

The product title should not contain text trademarksPOPDARTSThe following listing is obviously infringing.

The case of copyright protection of popular toy trademarks in cross-border e-commerce logistics has frozen Amazon sellers

TARGET MARKERThe word trademark cannot appear in the product title, so it is easy to be judged as infringement.

Seagoing Information's popular toy trademark copyright protection case, Amazon sellers have been frozen

(Polly ZhangNew media of cross-border e-commerce - Blue Ocean Yiguan website domain news) connects with high-quality resources of cross-border e-commerce.Wal Mart, CoupangWayfair 、Mercado Libre and other platforms settledBrand copywriting planning, network wide promotion, e-commerce training, incubation and other services, please contact us. No unauthorizedRewriting, reprinting, copying, clipping and editingIn whole or in part.

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