Dyson sues online sellers. We suspect that you have landed on this page because Dyson slapped your e-commerce account(s) with a Temporary Restraining Order (TRO). Know this, you are not alone. A number of Defendants have been named in the lawsuit. Their business has been similarly affected. What happened exactly? In brief, Dyson has claimed that you and other online sellers are offering Patent Infringing products to customers in the United States.

“Temporary Restraining Order? What Do I Do?” 

Dyson’s claim is that you are selling unauthorized hair styling products. That is, selling on Amazon, AliExpress, Wish.com, Walmart, Etsy, DHgate, or eBay. “Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars and/or funds from U.S. bank accounts, and, on information and belief, have sold Infringing Products to residents of Illinois.” 

Dyson Sues Online Sellers: Case No. 23-cv-02556

Dyson Sues for Patent Infringement. “On information and belief,” the suit states, you are living in or running your business from China or another part of the world which does not have strict “intellectual property enforcement systems.” In addition to that claim, the Plaintiff has argued that you are intentionally obscuring who you are and/or who you may be working with so as to “make it virtually impossible for Dyson to discover Defendants’ true identities and the exact interworking of their network.” 

Hit With A TRO? Dyson Patent Infringement Lawsuit

At this point, you must respond to the lawsuit. We cannot stress this enough! Try to consider this situation as an opportunity to improve your business operation as much as it is an inconvenience. Respond to the notice. A Default Judgment may come your way if you fail to reply to the complaint your received. You will want to avoid a Default Judgment at all costs. That is essentially a forfeiture and will not be good for business. 

“Since platforms generally do not require a seller on a third-party marketplace to identify the underlying business entity, infringers can have many different profiles that can appear unrelated even though they are commonly owned and operated,” one of the statements in the Complaint reads.

This means, Dyson may simply want to verify your identity. If so, your business can then be cleared of any potential claim of wrongdoing. The responsibility, as it were, may be on the e-commerce platform you are using to sell products, too. Rather than the responsibility being exclusively on your business to provide clarification of its true identity.

Issues After Selling Dyson Hair Products: Legal Recourse 

Additionally, the Complaint alleges Defendants such as yourself, “employ and benefit from substantially similar advertising and marketing strategies. For example, Defendants facilitate sales by designing e-commerce stores operating under the Seller Aliases so that they appear to unknowing consumers to be authorized online retailers, outlet stores, or wholesalers.”

Dyson is attempting to determine that certain sellers may arrange their online business in such a way that it is deliberately confusing to the consumer. Therefore, a given potential buyer of Dyson hair products might possibly purchase an infringing product. Is this true or false? We are here to bring the truth to the surface on your behalf and get your business back on track. 

Along the same lines, Dyson is trying to say that you and/or other e-commerce operators talk with one another on kuajingvs.com, sellerdefense.cn, kaidianyo.com, and QQ.com chat rooms to develop “tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits.” 

Yet another claim is that the Defendants “maintain off-shore bank accounts and regularly move funds from their financial accounts to off-shore accounts outside the jurisdiction of this Court to avoid payment of any monetary judgment awarded to Dyson.”

Dyson Alleges Patent Infringement

Stockman & Poropat, PLLC has an extraordinarily skilled team of intellectual property lawyers with the compassion and energy to help solve your legal issues! Our goal is your goal: get you your money as fast and painlessly as possible. We have provided solutions to a long and very satisfied list of top-tier clientele. Call us! We can help.

We trust this content was useful! Peep our blog for updates on cases like this one and other legal matters related to intellectual property.  Up next we will be discussing a Harley Davidson Counterfeit Lawsuit.

See below for a link to the complaint itself ⚖️