Take it off the shelves! Shenzhen seller sues for trademark infringement

Take it off the shelves! Shenzhen seller sues for trademark infringement

Everyone loves beauty. Even parents want to dress up their children beautifully. However, facing the fiercely competitive children's clothing market, many businesses want to win the hearts of parents through styles.

 

In the process, there are also some businesses that want to take shortcuts and plagiarize others' ideas. Recently, a Shenzhen children's clothing company sued Amazon and Walmart sellers in the United States for infringement of clothing, and the court has opened an investigation.

 

According to public information, the infringing brand sued by the Chinese in this case is Bagilaanoe, the type is text trademark infringement, the case number is 21-cv-4249, the prosecution time is August 10, 2021, and the law firm is Ford Banister IP.

 

After checking, the editor found that the company had successfully registered the trademark Bagilaanoe in the United States as early as early May 2019. The product category is clothing, shoes and hats. Therefore, sellers cannot use this text in these categories, listing writing and product packaging.

 

It is reported that the owner of the Bagilaanoe brand is a company that produces children's clothing in Shenzhen. The clothing they sell is fashionable and inexpensive, so it is very popular on Amazon. The best-selling baby jumpsuit has nearly 2,000 reviews.


 

Infringement analysts believe that trademark infringement usually occurs to sellers who follow others to sell products. They follow others to sell products when they see popular products, so sometimes they don’t notice that others have registered trademarks. Originally, following others to sell products is an act allowed by Amazon, but once it involves infringement, Amazon will severely punish it.

 

Amazon has always attached great importance to brand patent protection and has cracked down on counterfeit and shoddy products. Once infringement is detected, not only will the patent holder sue, but the listing will also be removed by Amazon. Some even directly close the store. Therefore, sellers are reminded to carefully check the product information to see if the trademark is used to avoid infringement.

 

It is worth noting that this is another Chinese brand that has come out to defend its rights after the infringement incidents of toilet brushes and Bluetooth headsets. Repeated infringement cases have also made Chinese sellers more and more aware of brand patents. Therefore, sellers must attach importance to research and development and have their own brand patents in order to stand out in the fierce competition.


Infringement

Chinese

trademark

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