SMG Law Firm issues new case! Sellers please beware of any pitfalls

As one of the four major law firms in the cross-border circle, SMG does not file cases frequently. Recently, the law firm represented a new brand, Vineyard Vines.

Vineyard Vines is a clothing brand, which means "vines in the vineyard". It was founded by a pair of brothers in 1998. Because they didn't like the working atmosphere and yearned for life in the vineyard, they named the brand after it and started a business.

The brand is mainly aimed at the high-end market, and its products include clothes, ties, bags, and hats. The most iconic one is the little whale pattern. In addition to its own official website, the brand is also sold on Amazon.

Because of the target audience, the price of the product is slightly higher than usual. Although the sales volume on Amazon is not high, it is well received.

For example, the following T-shirt:

(Image source: Amazon screenshot)

Buyer A: The quality is very good. It will not shrink or deform no matter how you wash it.

Buyer B: The style is simple and elegant, the fabric is very comfortable to wear and most importantly, it is very breathable.

Buyer C: The whale pattern on it is so cute, I bought it just for that, but the price is a little bit high.

With more than 20 years of brand experience, the brand has a good customer base and satisfaction.

Sellers should note that this brand has both a trademark and a design patent. The word trademark is the brand name "Vineyard Vines", which is easy to circumvent. What sellers should pay attention to is the design patent, which is the very unique little whale pattern.

For the appearance patent, some sellers may choose to make some slight changes, but this also hides great risks. In the comments of buyers, someone pointed out that "my whale does not smile, and I wonder if it is fake..." In fact, there are two types of appearance patents for whales. Both the presence and absence of the smile logo have been registered as appearance patents . They are all official genuine products. Sellers should pay attention to this. The following is the registration information of the brand on the patent website:

(Image source: US Patent Network)

The brand was sued on September 22, with the case number 21-cv-61991 . The agency is SMG, one of the Big Four law firms. The brand tone represented by SMG is somewhat similar to that of GBC, both of which are relatively well-known brands.

Infringement is a taboo on Amazon. Sellers should cultivate copyright awareness and pay attention to infringement cases on a daily basis. If there is any accidental infringement, the product should be removed from the shelves in time to avoid greater losses.

Amazon

Infringement

SMG