Urgent! Infringement cases of multiple popular products in the United States

For a long time, cross-border online celebrity infringement cases have occurred frequently, and many sellers have suffered greatly. In some cases, their listings have been removed, and in some cases, their stores have been frozen and they have to pay high settlement fees....

Recently, a number of hot-selling products in the US market have been sued for infringement. Sellers of related products must conduct self-inspections as soon as possible. If the products in their stores involve infringement, they must be removed from the shelves as soon as possible.

Cross-border infringement has entered a high incidence period , and many brands have initiated rights protection!

1. Well-known brand Crocs initiates trademark protection

This summer, Crocs have become extremely popular both at home and abroad, and the originator of Crocs is undoubtedly Crocs.

The brand Crocs initiated trademark protection in the United States District Court for the Southern District of Florida. The case number is 23-cv-61654, the filing date is August 28, 2023, and the law firm is SMG.

It is reported that Crocs (Chinese: 卡洛驰) is a well-known American footwear brand that was born in 2002. Its iconic product, the Crocs, has been widely praised and recognized in the global market. In addition to the main Crocs, it has successively added new products such as canvas slip-ons, leather sandals, Mary Jane shoes, golf shoes, etc., and also sells sunglasses, swimwear and T-shirts.

It should be noted that Crocs is a veritable intellectual property giant and has applied for registration of more than 500 patents and trademarks for its various footwear products worldwide.

There are a total of 6 infringing trademarks involved in this case . When sellers sell related products, they cannot display the trademark names in the listings and product pictures, otherwise it will constitute infringement.

At present, the court’s TRO injunction has not been approved in this case.

2. Charlie Bowater's copyrighted paintings face three lawsuits

Illustrations are generally copyrighted. Using these illustrations without the copyright holder’s consent or knowledge is very likely to cause copyright infringement. Therefore, when sellers upload product images or print them, there is a risk of copyright infringement as long as the images are not their own.

Illustrator Charlie Bowater's copyrighted paintings were the subject of three consecutive lawsuits in the Illinois State Court, with case numbers 23-cv-6289, 23-cv-6304, and 23-cv-6421. The cases were filed on August 28 and August 29, 2023, and the law firm represented by Keith.

It is understood that illustrator Charlie Bowater is a full-time concept artist and part-time illustrator in the UK, whose works are mainly science fiction and fantasy. She has provided illustrations and designs for many projects, and her works have been published in publications such as Imagine FX and 3DTotal.

The infringing image involved in this case is an illustration titled “The Old Astronomer”. The court has not yet approved a TRO injunction, so sellers must hurry up to conduct self-inspection and avoid it.

3. Shenzhen 3C sellers’ rights protection: SUGIFT trademark

In the past two years, cases involving Chinese sellers seeking to protect their rights have become common.

The brand owner Sugift Inc initiated trademark protection of "SUGIFT" in the United States District Court for the Southern District of Florida. The case number is 2023-cv-61600, the filing date is August 18, 2023, and the law firm represented is Palmer Law Group, PA.

It is understood that the trademark holder is Shenzhen Hengmai E-Commerce Co., Ltd., which was established in 2016. Its main products include consumer audio and video products, smart home, industrial control display and other related customized products. Specifically including: consumer audio decoding, video decoding; screen driver boards for customized products such as smart home appliance screen driver and industrial control screen driver; AI intelligent voice interaction, etc.

The trademark "SUGIFT" involved in this case was registered on August 15, 2017, with trademark number 5265800, and its applicable categories are: 009-3D glasses, audio and video receivers, battery chargers, speaker cabinets, IP camera hardware systems (Internet Protocol) video surveillance, car recorders, mobile phone cases, computer peripherals, earphones and headphones and diving masks, etc.

It should also be noted that the company’s registered trademark “SUGIFT” covers many categories and cannot be used without the brand’s authorization, otherwise there will be a risk of infringement.

4. Superhype Tapes

Celebrity-related products are very popular on e-commerce platforms, but they are also a hotbed of copyright infringement.

The brand owner Superhype Tapes, Ltd. initiated trademark protection in the Northern District Court of Illinois, United States. The case number is 2023-cv-05834, the case was filed on August 22, 2023, and the law firm represented by TME is.

It is understood that the brand owner Superhype Tapes, Ltd. is a professional recording, licensing and publishing organization established in the early 1990s. The company's owners are members of the Led Zeppelin band.

Led Zeppelin is a British rock band founded in 1968. Their music combines rock, blues, folk and heavy metal elements, which has influenced the entire rock music scene. Many of their albums have topped the US and British music charts many times. As one of the most influential rock bands in the 20th century, they can even be said to be the founder of heavy metal rock music. Therefore, Led Zeppelin's brand products, from clothing to peripheral products, are deeply loved by fans.

This case involves three registered trademarks, mainly in the categories of 9 (scientific instruments), 16 (office supplies), 25 (clothing, shoes and hats), 26 (buttons and zippers) and 41 (education and entertainment). Sellers of similar products should note that the registered trademark of Superhype Tapes cannot appear on the listing.

It is understood that a TRO (Temporary Restraining Order) motion was filed in this case on August 24, but it has not yet been approved. Sellers must hurry up and conduct self-inspection, because products that are highly similar to this have a great risk of infringement.

If faced with prosecution for trademark infringement, how should sellers respond?

According to incomplete statistics, there were more than 3,000 infringement cases in 2022, and each case involved more than a hundred sellers. It can be said that most sellers have encountered infringement problems.

According to a survey conducted by Ennet, nearly 20% of cross-border sellers have encountered more than 5 infringement lawsuits since entering the industry, and nearly 70% of sellers have also encountered 1-5 infringement lawsuits.

Being sued for product infringement has always been a headache for sellers.

If a seller faces an infringement lawsuit, the first thing to do is to quickly remove the infringing products and cancel the FBA inventory.

Then you can take the initiative to contact the complainant, sincerely apologize and explain the situation to them, take the initiative to provide compensation, and strive for the other party to withdraw the lawsuit.

If the other party does not respond, you can issue a case assignment through a cooperating law firm and have an experienced American lawyer handle the case, prepare settlement materials and negotiate with the other party's lawyer.

After successful negotiations, a settlement agreement will be signed, and after the settlement money is paid, the plaintiff will withdraw the lawsuit. Eventually, the funds will be unfrozen and the case will be closed.

For cross-border sellers, if they want to gain a foothold and develop in the international market with strict intellectual property protection, they must ensure that their products do not have infringement risks.

It should also be noted that sellers must keep their eyes open when applying for trademarks and choose compliant and formal agencies.

Because many intellectual property companies will implement free or even ultra-low-cost trademark models in order to "attract customers", but they are unaware that there are huge risks hidden behind it.

In short, sellers must be careful at every stage and must pay attention to operating legally and in compliance with regulations.

Infringement