Fox Racing Counterfeit Lawsuit. Fox Racing, the major motocross and mountain biking gear and apparel brand, is suing e-commerce operators for trademark infringement. Greer, Burns & Crain, Ltd. has filed this case: No. 23-cv-02779.

To begin with, the main allegation detailed in the notice you received as a Defendant in the case is that you “create e-commerce stores operating under one or more Seller Aliases that are advertising, offering for sale, and selling Counterfeit Fox Racing Products to unknowing consumers.” Fox Racing also said the company sustained irreparable damage, and, that the damage was a result of the unlawful actions of the named e-commerce business owners.

Is this true? Is this accurate? What have I done to infringe on the trademark? How do I handle the notice naming me as one of the Defendants? 

Our attorneys can help answer questions such as these and any other related inquiries. We sympathize with you during this time and know that this kind of situation can be confusing. For sure, though, there is no reason to tear your hair out! Many online sellers deal with lawsuits like this on a regular basis and continue to make money. 

Trademark Infringement: Fox Racing

Primarily, your top of mind focus should be on submitting a response to the notice. By notifying the court with a response, you will diminish the possibility of receiving a Default Judgment. RESPOND TO THE COMPLAINT! Even if you did not necessarily infringe on Fox Racing’s trademarks, the court can find you guilty if you do not respond. To be straightforward, your ability to continue your e-commerce sale of Fox Racing goods and/or access the money you have already made from doing so depends on this response. 

For the time being, a Temporary Restraining Order (TRO) is affecting your business. All of a sudden, due to the lawsuit, your e-commerce account(s) are experiencing a type of freeze. The TRO is muddling your permission to sell Fox Racing products. In addition, the TRO is keeping you from accessing the monies earned from the sale of the brand’s goods in the recent past. Another possibility, the restraining order is hindering your e-commerce business as a whole.   

Bottom line, a response to the lawsuit is vital. If you have considered turning your back on the notice and not doing anything, PLEASE RECONSIDER! As stated above, no response could mean a Default Judgment. Do not get stuck in a position where you have fewer options to access your money. 

Fox Racing: Case No. 23-cv-02779

Fox Racing Trademark Lawsuit. 

A bunch of allegations were made about your e-commerce business, as you can see if you have taken the time to read the notice. These claims are not equivalent to a judgment. No judgment against your business has yet been made. Another way to say this is, you have been accused of counterfeiting and trademark infringement, and that is all. While these are surely serious allegations, they are also commonly hurled at online sellers. In the face of these typical claims, your objective should be to clarify what you have actually done as an online seller of Fox Racing goods. 

The best way to achieve that clarity? Understand what the notice says as much as possible. 

To start, the lawsuit states you and the other Defendants are selling counterfeit Fox Racing goods on platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, and DHgate. Moreover, due to insufficient verification procedures on these platforms, you have generated “multiple virtual store-fronts,” with the express purpose of disguising your identity. Why would the lawsuit say I am disguising my identity? Per the suit, so that you can continue to sell counterfeit Fox Racing goods to consumers in the US. 

Fox Racing, Infringement, Allegations

What other allegations have been made? That you thoroughly design your e-commerce business to appear as an authorized Fox Racing retailer, even though you are not. That you used “meta tags of [your] e-commerce stores to attract various search engines crawling the Internet looking for websites relevant to consumer searches for Fox Racing Products.” And, that you communicate with other, like-minded counterfeit sellers on sites like QQ.com, sellerdefense.cn, kaidianyo.com, and kuajingvs.com to talk “tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits.” 

Even further, Fox Racing alleges that you are taking advantage of off-shore bank accounts to avoid paying injunctive relief to the brand in the event that there is an ultimate ruling in their favor. 

Legal Counsel to the Rescue! 

Our team at Stockman & Poropat, PLLC has a sterling reputation for diving into matters just like these for a global clientele and finding seamless resolutions. Our intellectual property law experience is unmatched. If you need a creative solution to a trademark infringement issue related to your e-commerce business, we are the attorneys to use. Contact us today! The consultation is free! We trust this content was useful! 

See below for a link to the complaint itself ⚖️

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