Marshall Claims Counterfeiting Network Has Committed Trademark Infringement
The iconic electronic audio company Marshall has filed a federal infringement lawsuit! The company is known around the world for their rock music amplifiers. As a result of their reputation as the manufacturer of rock guitar amps, the company has suffered from rampant counterfeiting of their products. Let’s take a look at the details of the Marshall trademark infringement case.
The Defendants in this Schedule A lawsuit are comprised of a long list of online sellers. Some of the allegations of trademark infringement made by Marshall are:
Marshall has identified many fully interactive, e-commerce stores offering Counterfeit Marshall Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Walmart, Wish.com, Etsy, DHgate, and Temu including the e- commerce stores operating under the Seller Aliases.
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. E-commerce stores operating under the Seller Aliases appear sophisticated and accept payment in U.S. dollars and/or funds from U.S. bank accounts via credit cards, Alipay, Amazon Pay, and/or PayPal.
E-commerce stores operating under the Seller Aliases omit using Marshall Trademarks in the item title to evade enforcement efforts while using strategic item titles and descriptions that will trigger their listings when consumers are searching for Marshall Products.
How to Respond to the Accusations of Trademark Infringement?
With infringement lawsuits like this one, Defendants are often persuaded to settle with the Plaintiff. That option expedites the process of moving on and getting back to selling and doesn’t cost sellers any legal fees. If you’re looking into settlement with Marshall, you may want to evaluate whether that’s going to help your business. Schedule A lawsuit settlements more often than not result in sellers losing a hefty amount of the money. That is, sellers get to hold onto about 60% of the frozen money in their accounts. And the remaining amount? Those funds will be awarded to Marshall.
What do we mean by frozen money in your account? The most negatively impactful part of the suit is the temporary restraining order. That restraining order prohibits sellers from gaining access to the funds in their accounts. It may even apply to money earned from the sale of products that are entirely unrelated to the Marshall brand.
The temporary restraining order in combination with the prospect of a 60% settlement can be detrimental to many online sellers. What’s the alternative to reaching a settlement? Consult with an intellectual property attorney! A knowledgeable lawyer can work on your behalf and take legal action in response to the lawsuit. Also, if there is any dispute regarding the allegations of infringement, an attorney can address those concerns. Do you want to regain access to as much of your hard-earned money as possible? That’s where a lawyer comes in. Unfortunately, because Schedule A lawsuits name so many Defendants at once, the individual actions of each business are sometimes overlooked.
The Alleged Network of Counterfeiters | Exploring Options With an Attorney
The legal complaint tied to the case is formulated in such a way that all of the sellers – who may not even know each other – are described as a network of counterfeiters. Your attorney can help to shed light on every necessary detail that may determine to the court that you didn’t infringe on Marshall’s trademarks. Regardless, the outcome that you’ll achieve with a lawyer will likely be of greater benefit to you as a seller when compared with a settlement with Marshall.
Any sellers who received notice of the lawsuit needs to recognize that it’s of legitimate concern! You’ll not want to further harm your business by ignoring the reality of the case. With the temporary restraining order in place, you can’t touch the money in your account. And if you abandon the issue, all of that money will eventually be awarded to Marshall! It could also lead to a Default Judgment – costing you additional money.
The thing about a Schedule A lawsuit is that it provides brands like Marshall the opportunity to allege counterfeiting by many sellers in one fell swoop, so to speak. This is an effective strategy for reaching multiple settlements with the sellers the Plaintiff believes infringed on their trademarks. As we mentioned, however, a settlement is not the only way forward. It’s just one way and it may not be the most beneficial for online sellers.
Respond to the Court | Seek Legal Counsel | Find a Beneficial Resolution
Any Defendant named in this Marshall trademark infringement case should provide a response to the court! After that, it may be pertinent to retain an intellectual property attorney and explore what options are available to you. Running a successful online seller business is extremely tough. The allegations described in the lawsuit and the effects of a restraining order are certainly an impediment. By recognizing the legitimacy of the lawsuit and searching for a legal resolution that works in your favor, you can come out on the other side and continue on your path to online selling success!
Want to discuss your options as a Defendant in the Marshall trademark infringement case? Stockman & Poropat, PLLC offers a free initial consultation. Contact our team today!
Download the legal complaint below:
Up next we will be discussing the Wood Expressions Counterfeit Lawsuit.
