New brand "fishing", Nirvana band issued two cases in a row and many sellers were deceived

The editor found that many law firms have been filing cases frequently recently, both new and old. Although some infringement cases have been mentioned repeatedly and there have been many warnings, many sellers have still been caught.

There was a warning about Nirvana before , but I didn’t expect that two cases would happen recently , and several sellers were implicated. In addition, the new brand Flower Cushion is being fished for evidence by a law firm , so sellers must be vigilant!

The case of Nirvana is as follows ↓

Case Numbers: 21-cv-1983, 21-cv-1978

Prosecution date: 2021/4/13

Plaintiff Brand: Nirvana

Plaintiff: Nirvana, LLC

Law firm: GBC

Place of prosecution: Illinois

Nirvana was founded in Washington, USA in 1987. In just 7 years, the band has released 3 studio albums, with global sales of 75 million copies. The band's last studio album, In Utero, ranked 435th on Rolling Stone magazine's "500 Greatest Albums", and the song AIIApologies from this album ranked 39th on the "500 Greatest Singles".

The band is well-known overseas, and its peripheral products have been sought after by fans for many years, so they are very strict about copyright .

Products sold under the Nirvana brand include clothing, accessories and other merchandise such as drinkware, posters and photographs .

( Screenshot from Nirvana’s official website)

It is reported that the NIRVANA trademark belongs to categories 025, 009 and 041, and neither text nor pattern trademarks can be used .

Clothes with NIRVANA designs and titles containing NIRVANA are clearly infringements. Although sellers are "smart" enough to blur the text on the products, there is still a risk of being complained by law firms .

In addition, there is another case during the same period that is also worthy of sellers' attention . The Ference Law Firm in Pennsylvania began to defend the rights of Flower Cushion . Some Amazon sellers' stores have had their loans suspended, and Amazon has sent performance suspension messages to some sellers . The case is currently sealed , and the case number and infringed trademark/patent information are unknown.

Flower Cushion has been very popular recently because of its ergonomic design, which is a good thing for many people who sit for a long time at work . In addition, it is also popular among families. Due to the epidemic, consumers need to stay at home to study and work, so the use of the cushion is not only in the office.

Many children also like to read on cushions, and the simple and cute design of this product with rich colors appeals to most consumers. As a result, many imitations have appeared , either directly copying the appearance or stealing the brand name to put it on the shelves for sale.

（ Flower Cushion product style）

It is reported that the brand has registered text and pattern trademarks , so using flower pillow as a keyword or using related pictures to sell products on the platform may be an infringement.

At present, the law firm is still "fishing enforcement" - collecting evidence of infringement by sellers on various platforms. When searching for Flower Cushion on multiple platforms , many similar infringing products will appear . Sellers are advised to remove risky products in a timely manner to avoid unnecessary trouble.

Nirvana

Infringement

Seller