Hasbro Trademark and Copyright Lawsuit
Hasbro has filed a federal infringement lawsuit against online sellers! The company claims that multiple online sellers have sold counterfeit versions of Peppa Pig and PJ Masks products to customers. In doing so, Hasbro alleges their trademark and copyrights have been infringed on.
Hasbro’s allegations of trademark and copyright infringement read in part as follows:
Hasbro has identified many fully interactive, e-commerce stores offering Unauthorized Hasbro Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, DHgate, and Temu, including the e-commerce stores operating under the Seller Aliases.
Unauthorized Hasbro Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Unauthorized Hasbro Products were manufactured by and come from a common source and that Defendants are interrelated.
Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Unauthorized Hasbro Products in the same transaction, occurrence, or series of transactions or occurrences.
Defendants, without any authorization or license from Hasbro, have jointly and severally, knowingly and willfully used and continue to use the Hasbro Trademarks and/or copies of the Hasbro Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Hasbro Products into the United States and Illinois over the internet.
Sellers Will Benefit from Hiring an Intellectual Property Attorney
What’s more? The Hasbro infringement lawsuit consists of claims aimed at the Defendants listed on “Schedule A.” The Plaintiff is suing a list of online sellers they’ve identified as counterfeiters. That could include your business! The reason behind this choice to file against several sellers? To address and halt what Hasbro believes is trademark and copyright infringement. If you haven’t ever dealt with this kind of legal situation in the past, you’ll want to hire an intellectual property attorney!
There are many aspects of federal infringement lawsuits that your lawyer can assist with. Namely, providing an appropriate and timely response to the court on your behalf! That’s a necessary first step, without a doubt. You can’t just wish the lawsuit and its implications away. Wondering what might happen if you don’t respond? That could pave the way for a Default Judgment – a bigger issue that costs more money and which leaves you with fewer legal options. The Defendants should aim to find a resolution and outcome that permits them to continue their e-commerce operation.
How to Reach a Favorable Settlement Outcome
It’s totally ok if you don’t know what the response should consist of. Likewise, you may not have the required negotiation skills when communicating with Hasbro. The United States legal system and infringement cases in particular can be confusing. It’s best to have a lawyer working for you with experience who knows just how to get the best results for your business.
A direct settlement can be reached between sellers and Hasbro, without a lawyer, as well. That’s not out of the question. These kinds of negotiations usually leave sellers with a fraction of their money. How’s that? Because once the Plaintiff gets a temporary restraining order approved, sellers’ online accounts will freeze. If you choose to try and settle directly with Hasbro, you may just get around 60% of the money in your frozen account. And the rest will go to the Plaintiff. This is where an intellectual property attorney comes most in handy!
Addressing the Temporary Restraining Order
The restraining order that freezes your seller account can put your e-commerce business at risk. The longer it takes to resolve the matter, the more your business could lose. Investing in legal counsel is among the most sensible decisions any of the Defendants can take. Especially for those sellers who merely need to clarify their identity or prove to Hasbro that they didn’t actually infringe on their trademarks or copyrights. Either way, you’ll have to address the lawsuit.
The motivation for filing the lawsuit comes from what Hasbro describes as damage to their brand and reputation. They’re intent on collecting back some of the loss they’ve incurred because of the alleged counterfeiting. The truth of the assertions may not yet be proven, one way or the other. But the disruption that the allegations themselves cause sellers is reason enough to act quickly and make an informed decision. You’ll want to alleviate the restraining order so that you can return to selling and making money!
Getting sued by Hasbro for trademark and copyright infringement? Contact our team at Stockman & Poropat, PLLC today for a free consultation!
Download the legal complaint below:
Up next we will be discussing the latest Rainbow Friends Infringement Lawsuit.
