Online Sellers Sued by Eagles Trademark Owners for Infringement
The Grammy-winning American Classic Rock band the Eagles is suing online sellers for trademark infringement. The Plaintiff has filed a lawsuit in federal court. They hope to stop e-commerce operators from selling goods with counterfeit versions of their trademarks on them. What will happen to the sellers listed on “Schedule A” ? The sellers identified in the suit will be affected by a temporary restraining order!
The Eagles trademark lawsuit will lead to a restraining order against the named sellers’ online accounts. The sellers accused of offering counterfeit Eagles products will not have access to the money they earned from selling those products. The Plaintiff’s aim is to put a freeze on the sellers’ accounts to halt the infringement from happening. According to the owners of the Eagles intellectual property, the Defendants’ actions have resulted in damage to the Eagles trademarks.
What about the damage caused to your business because of the Eagles lawsuit and the restraining order? And, are all of the sellers being fairly targeted by the lawsuit? If you’re one of the Defendants, you might be asking these very questions. To address the impact of the restraining order and/or the fairness of the claims, you’ll want to consult with an intellectual property attorney! Is there any possibility that the allegations in the suit don’t apply to you and your online selling business? An attorney can help determine that in a legal context. Likewise, if any of the sellers want to reduce the impact of the restraining order, seeking the aid of a lawyer will be the most productive route to take.
Allegations Result in Temporary Restraining Order
While the statements detailed in the legal complaint are allegations, the lawsuit affects sellers regardless. Maybe you know that the claims of trademark infringement don’t apply to you. Nevertheless, you’ll still have to respond to the lawsuit. Whether sellers have actually sold counterfeit Eagles products or not, if they’ve been named, they’ll be affected. For these reasons and more, hiring an intellectual property attorney is going to be very beneficial.
As mentioned, sellers will have to respond to the lawsuit in order to move forward. The absence of a response could lead to a Default Judgment. Best to avoid that outcome! Once you respond, then you’ll have a chance to enter into negotiations with the Plaintiff. In the case of those sellers who want to settle directly with DG Eagles IP LLC, you certainly may do so. Be aware, when sellers attempt to negotiate with Plaintiffs, without a lawyer, in these kinds of lawsuits they can be taken advantage of. You don’t want to settle for less than what you deserve, such as 60% of your frozen money, do you?! Having an intellectual property attorney to negotiate for you will likely result in better settlement outcomes for sellers.
Understand the Claims of Trademark Infringement | Take Legal Action
To really gain a full understanding of the lawsuit, sellers should read the legal complaint associated with the case (download at the end of this post). The following language constitutes a selection of the allegations of trademark infringement in the Eagles lawsuit:
- Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Plaintiff, have jointly and severally, knowingly and willfully used and continue to use the EAGLES Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Products into the United States and Illinois over the Internet.
- Defendants’ unauthorized use of the EAGLES Trademarks in connection with the advertising, distribution, offering for sale, and sale of Counterfeit Products, including the sale of Counterfeit Products into the United States, including Illinois, is likely to cause and has caused confusion, mistake, and deception by and among consumers and is irreparably harming Plaintiff.
- Plaintiff is the exclusive owner of the EAGLES Trademarks. Plaintiff’s United States Registrations for the EAGLES Trademarks (Exhibit 1) are in full force and effect. On information and belief, Defendants have knowledge of Plaintiff’s rights in the EAGLES Trademarks, and are willfully infringing and intentionally using counterfeits of the EAGLES Trademarks. Defendants’ willful, intentional and unauthorized use of the EAGLES Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the Counterfeit Products among the general public.
Respond, Negotiate, Hire an Attorney!
So, if you’re one of the e-commerce sellers whose account was frozen due to the Eagles infringement lawsuit? Consider the following. First, provide a response to the court so that a Default Judgment isn’t issued against you. Next, explore your options. That is, with regard to negotiations for a settlement with a Plaintiff so that you may continue operating your business. And lastly, hire an attorney to work with you throughout the entire legal process. All in all, having a lawyer to advise you on these matters will be the most effective and productive method.
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Up next we will be discussing the latest Monster Energy Federal Infringement Lawsuit.
