Dyson Patent Infringement Lawsuit | What Online Sellers Should Do

Dec 27, 2023

Dyson Patent Infringement Lawsuit

Dyson has recently filed another patent infringement lawsuit against online sellers! If you know anything about Schedule A lawsuits filed in the Northern District of Illinois, then the details of this suit will not come as a surprise. Many of the claims included in the lawsuit are extremely similar to other Schedule A cases we’ve covered before. The main differentiating factor is the brand name – Dyson. If you’re a Defendant, or if you’ve not heard of these kinds of infringement lawsuits, the allegations are merely claims, but they do have real-world implications. You may not have even sold patent infringing Dyson products online. Either way, the filing of the lawsuit will affect your business. 

We want to stress that if you are named in the suit, you should respond to the court! Indeed, the claims of patent infringement are accusations. However, a lack of a response may result in further financial loss and/or damage to your e-commerce business reputation. You’ll want to do everything you can to avoid a Default Judgment. If that happens, the court will determine a monetary amount that you’ll be required to pay, and it could be more than you’d like! As of right now, as a Defendant, your online seller account has been frozen by a Temporary Restraining Order (TRO). What do you do now? If you are able to, take your own legal action to resolve the issue. 

Schedule A Lawsuit Filed by Dyson

Huge brands like Dyson file Schedule A lawsuits in Illinois so that they can accuse a large number of sellers at one time. This type of filing saves the company loads of time and money. Consider how long and laborious it would be to individually sue each business, rather than all at once. As the complaint states, Dyson believes that the Defendants have worked together to sell patent-infringing goods in the US and beyond. The consequence of this alleged infringement has been damage to the value of the Dyson brand, so they say. In all probability, some of the folks listed on Schedule A in this case may have infringed on the brand’s patents. It happens. Sometimes, businesses infringe on intellectual property without even realizing it. 

In any event, the filing strategy is meant to generate fear. The lawsuit is aimed at many sellers who are based in China. As such, Dyson expects many of these Defendants may not have the money to take legal action. Or, the language and/or other relevant skills to navigate the US legal system successfully. When sellers abandon lawsuits like this one, any money left in their frozen online account will be automatically awarded to the Plaintiff. Even if they’ve done nothing wrong!

Stockman & Poropat, PLLC Can Help You Avoid Taking a Loss

This is an avoidable tragedy with the right legal counsel on your side, like our team at Stockman & Poropat, PLLC. You might be a seller who did not in fact commit infringement. You deserve the right to clear your name, access your money, and continue on the path to glory! 

The supposedly infringing products were sold on multiple online marketplaces. These include eBay, AliExpress, Alibaba, Amazon, Wish.com, Walmart, Etsy, DHgate, and Temu. If you are considering reaching a settlement with Dyson over this lawsuit, you should understand what that could mean. Brands like Dyson usually settle at around 60% of the money that is held in your account due to the restraining order. What about the rest? It goes to Dyson. Do your best not to be intimidated by the lawsuit and avoid just walking away. If you have the means, you should explore your options from a legal standpoint. An attorney may be able to get you cleared of any claims of wrongdoing. Intellectual property lawyers could also get you more than just 60% of the money you actually earned. 

The claims of patent infringement, actively working with other sellers to infringe, and knowingly selling goods that are not authorized – this might not be actually relevant to your business operation. Are you an e-commerce seller who has been affected by this Dyson lawsuit? You have options! You are not doomed!  We want to help you. 

Stockman & Poropat, PLLC has worked with many online sellers facing these kinds of disruptions. Our stellar team has developed unique solutions that have saved sellers valuable time and money. You do not deserve to lose money just because a claim has been made against you. Contact us to discuss your situation and let us strategize the most productive way forward! 

Download the legal complaint below:

Up next we will be discussing the Oakley, Luxottica, and Costa Del Mar Trademark Infringement Lawsuit.

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