Dyson trademark lawsuit. The Dyson brand has filed another lawsuit against e-commerce operators offering hair styling products. The Dyson products in question are curling irons, straighteners, hair brushes, and other hair styling apparatus. The law firm Greer, Burns & Crain, Ltd. is handling the suit on Dyson’s behalf. The allegation is that you and other businesses have sold “counterfeit Dyson Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, and DHgate.” 

Frozen E-Commerce Account?  

At the present time, your e-commerce account(s) are probably enduring the disruptive effects of a Temporary Restraining Order (TRO). Principally, the TRO prevents you from operating your online store, selling other branded products, and making money. Dyson’s claim against you and the Defendants is that you are knowingly listing counterfeit goods for customers in the United States to buy. The lawsuit also wishes to prove that you “hedge against the risk of being caught and having [your] websites taken down from an e-commerce platform by preemptively establishing multiple virtual storefronts.” 

Case No. 23-cv-02634: Dyson Claims Counterfeit 

Dyson hair styling product lawsuit. Dyson’s position is that the marketplaces you and other sellers use lack an efficient verification process for identifying the “underlying business entity.” This, allegedly, provides the opportunity for “counterfeiters [to] have many different profiles that can appear unrelated even though they are commonly owned and operated.” 

Dyson has not only made these claims. The notice further states you have carefully designed and structured your e-commerce store with the intent to deceive consumers. That is, to appear like “authorized online retailers, outlet stores, or wholesalers.” You do not have a license to use the brand’s trademarks, per Dyson. Do you and the other Defendants have permission to serve as “retailers of genuine Dyson Products”? Not according to Dyson. By the same token, the lawsuit is attempting to determine that sellers “deceive unknowing consumers by using the DYSON Trademarks without authorization.” 

How to Handle a Temporary Restraining Order

To end the nightmare that is a Temporary Restraining Order (TRO), RESPOND TO THE NOTICE. With the right legal counsel, you can reach a resolution, unfreeze your e-commerce account(s), and proceed with selling and operating as normal. Granted, this may be a stressful situation. However, we urge you to take action as soon as possible. Failure to respond to the notice may lay the groundwork for a Default Judgment. With a Default Judgment, your options become extremely limited. Make moves to resolve the TRO now. Again, let the appropriate legal team guide you so that the process may be as swift and painless as possible. 

Dyson Claims Intentional Counterfeiting

Dyson trademark lawsuit. As seen in many other similar cases, this lawsuit says you and the Defendants are conspiring to actively defraud customers in the United States. According to the notice, sites like QQ.com, sellerdefense.cn, kaidianyo.com and kuajingvs.com are where the communication takes place between the alleged counterfeiting network you are supposedly a part of. 

Yet another typical claim is that you are operating by way of access to “off-shore bank accounts.” The argument here is rooted in the idea that an off-shore account exists “outside the jurisdiction of this Court,” so you could then evade the responsibility to pay Dyson in the event that trademark infringement is in fact proven. 

What about the validity of the claims put forth by Dyson? That is a matter which remains to be clarified. Allegations, by definition, may contain truth or may be false. 

As your legal counsel, our intent will be to peel back the layers of all these various allegations in order to reveal what has really been going on with you and your e-commerce business. With us on your side, we will aim to get you back on the road to making your well-deserved money.

Dyson: Trademark Infringement Allegations

Stockman & Poropat, PLLC has delivered excellent resolutions to a satisfied list of clientele located around the globe. We possess the creative solution capability and experience to handle your particular e-commerce store issues, as they relate to intellectual property. Contact us! Let’s discuss the details, the consultation is free! 

See below for a link to the complaint itself ⚖️

Up next we will be discussing the Harley Davidson Infringement Lawsuit.