Pit Viper Counterfeit Lawsuit

Has your e-commerce business been slapped with a temporary restraining order (TRO)? Anyone suffering from the TRO should know that online sellers who have sold Pit Viper products to consumers in the United States are being sued. What does the lawsuit pertain to? Trademark infringement! This case is yet another instance of a Schedule A lawsuit filed in Illinois. We’ve covered a long list of these kinds of counterfeit lawsuits on our blog. The suit primarily targets e-commerce operators based in China, but also other sellers located elsewhere. It’s certainly a frustrating scenario!

The lawsuit at hand is known as a Schedule A lawsuit. Pit Viper filed this particular type of lawsuit so that they can make allegations of infringement against a bunch of sellers at once. That’s pretty much what Schedule A means? At least, so far as counterfeit lawsuits regarding intellectual property are concerned. The cost of taking legal action, the affordability, the time commitment – these are all factors the Defendants need to consider when responding. And, you should definitely respond! The majority of the Defendants will benefit from exploring their options related to legal action and the cost. Which is to say, it might pay to invest in figuring out a legal solution to the issue versus abandoning the matter.

Online Sellers Sued | Pit Viper Trademark Infringement Case

Providing a response to the court is a must. The loss that online sellers will absorb by not responding makes walking away a less than favorable choice. Due to the TRO, the money in your account is frozen. You can’t touch it. Those funds include money generated from the sale of Pit Viper and other branded products. Curious about what would happen to that money if you didn’t respond or did nothing? It would go straight to the Plaintiff. The money you’ve earned! We believe that you are entitled to maintain possession of that money – as much as you can. 

Those sellers who allegedly sold counterfeit Pit Viper goods should respond to the court. A failure to respond may lead to a Default Judgment. You’ll want to avoid letting that happen because that could mean paying damages to Pit Viper. That can be a very expensive mistake! Is there any truth to the claims made against the Defendants? That’s yet to be determined. Submitting a response provides sellers with options to reach a resolution and/or clear their business of any supposed wrongdoing. 

What Are the Allegations? Should Sellers Settle?

Some sellers will consider reaching a settlement directly with Pit Viper. Now, that can alleviate a given seller from the accusations. At the same time, most settlements land at approximately 60% of the money in a frozen account. The remaining amount of money stuck in your account due to the TRO will be awarded to the Plaintiff. This is one of the biggest reasons brands like Pit Viper file Schedule A lawsuits. They cast a wide net of allegations at a number of sellers, accuse them of working in concert to collectively counterfeit, and then settle at 60% with many Defendants. It’s not a bad strategy – for the brands. For sellers, it can have very damaging consequences. Stockman & Poropat, PLLC can develop a resolution that is more favorable than walking away or reaching a disadvantageous settlement. 

Utilizing Legal Counsel Will Save You Money

If you’ve read any of our other posts on federal infringement cases, you may notice that the complaint is largely templated. The counterfeit allegations in this lawsuit are nearly the same as all recently filed Schedule A suits. The specific trademark infringement claims made by Pit Viper are only different because of the brand name. The lawyers who are working on behalf of the brand use a template and just swap out the Plaintiff(s) name. What are these allegations? Chinese e-commerce operators and others are part of a counterfeit network. They use various deceptive tactics to dupe consumers in the United States into buying unauthorized goods. As a result of these actions, per Pit Viper, the brand has been “irreparably damaged.” 

As the complaint reads, “Pit Viper has identified many fully interactive, e- commerce stores offering Counterfeit Pit Viper Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, DHgate, and Temu.” 

If you want to keep the largest percentage of your frozen money as possible, contact our team at Stockman & Poropat, PLLC! We offer a free consultation. We can develop a strategy that works for you. Once we understand the specifics of your e-commerce business, we can decide on a plan of action. We want to ensure you sustain the least amount of loss and can continue your business without further disruptions. We look forward to helping you get through these trademark infringement claims! 

Download the legal complaint below: 

Up next we will be discussing another Schedule A lawsuit filed by Converse.