Harley-Davidson suing sellers. The motorcycle giant Harley-Davidson has filed a lawsuit against e-commerce sellers, claiming trademark infringement and counterfeiting. As a recipient of this notice, you are one of the named Defendants in the case. By extension, we expect your online business may have been halted by a Temporary Restraining Order (TRO). Not exactly the wind blowing through your hair on the open highway, we know. However, our team is here to rescue your business from its metaphorical roadside breakdown. Picture us as your legal mechanics! ?

Harley-Davidson: Case No. 23-cv-02583

Harley-Davidson is suing the Defendants. For what? For selling counterfeit motorcycle parts, jewelry, apparel, and more. To elaborate, the brand is claiming sellers are offering the counterfeit goods on platforms like Amazon, eBay, Temu, Wish.com, Walmart, and Etsy. What’s more, the notice states these “third party service providers like those used by Defendants do not adequately subject new sellers to verification and confirmation of their identities.” 

Harley-Davidson Sues for Counterfeiting

“Since platforms generally do not require a seller on a third-party marketplace to identify the underlying business entity, counterfeiters can have many different profiles that can appear unrelated even though they are commonly owned and operated,” the notice reads in part. The truth of this statement, along with the claim of trademark infringement and counterfeiting, is subject to further determination based on the facts. 

We would strongly suggest, however, that one thing is not debatable: your response to the notice. RESPOND TO THE NOTICE OR YOU WILL LIKELY FACE A DEFAULT JUDGMENT. Your options will be extremely limited in terms of recourse if you fail to respond. Ensure that you do!! 

How to Handle a TRO? Strategy Is Key

What else is Harley-Davidson claiming? “Defendants facilitate sales by designing the e-commerce stores operating under the Seller Aliases so that they appear to unknowing consumers to be authorized online retailers, outlet stores, or wholesalers.”

In effect, the brand is saying that you are going to great lengths to fool consumers into buying unauthorized goods. Relatedly, that you and the other Defendants are manipulating search engine optimization tools.  To “trigger their listings when consumers are searching for Harley-Davidson Products.” Moreover, the lawsuit alleges that you are seeking to “evade enforcement efforts.” How’s that? By engaging in “fraudulent conduct when registering the Seller Aliases by providing false, misleading and/or incomplete information to e-commerce platforms to prevent discovery of their true identities and the scope of their e-commerce operation.” 

Harley-Davidson Claiming Counterfeiting

The complaint goes on to state that you are attempting to conceal your true identity to avoid culpability for the alleged counterfeiting. To strengthen the claim, Harley-Davidson said you may be working with other e-commerce operators as a network to push trademark infringing products. “E-commerce store operators like Defendants are in constant communication with each other and regularly participate in QQ.com chat rooms and through websites such as sellerdefense.cn, kaidianyo.com and kuajingvs.com regarding tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits.”

True or not, the notice also claims, you and/or the other named Defendants utilize various “off-shore bank accounts” so you will not have to pay any “monetary judgment awarded to Harley-Davidson.” 

Alleged Trademark Infringement: Harley-Davidson Suing Sellers

Stockman & Poropat, PLLC has offered countless solutions to many businesses who have experienced exactly what you are going through right now. We have seamlessly helped e-commerce sellers just like you around the world get back in business with relative ease. Call us today so we may assist with a strategy that fits your individual needs!

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 Decker’s Lawsuit Against E-Commerce Sellers.

See below for a link to the complaint itself ⚖️