Alastin Skincare Trademark Infringement Lawsuit
The majority of federal infringement lawsuits involve the implementation of a temporary restraining order. The recently filed Alastin Skincare trademark infringement suit is no different! Brands like Alastin want to protect their intellectual property. A restraining order is a very effective means for accomplishing just that. It’s one of the biggest interruptions to your online selling business, as well! Let’s engage with the details of the Alastin trademark infringement lawsuit with a little more depth below.
As noted, Alastin will request that the court approve a temporary restraining order. In most instances of federal intellectual property infringement, the court will approve that request. Then, the Defendants will be blocked from touching the money in their online selling accounts! Also, this gives the Plaintiff quite a bit of leverage to go forth with any possible direct settlements with the named sellers. Because you can’t access the money earned from the sale of Alastin products, you might be tempted to settle directly. Perhaps that seems enticing. Maybe that quick and ready option could alleviate the restraining order. But, with direct settlements sellers typically only walk away with 60% of their frozen money!
Federal Trademark Lawsuits Shouldn’t Be Underestimated
The seriousness of this federal trademark lawsuit shouldn’t be underestimated. This isn’t a situation that can be ignored whatsoever. The failure to respond to the lawsuit could even lead to a more complicated predicament, involving a potential Default Judgment. Not to mention, you could lose your own hard-earned money! There’s not much reason to just forfeit all of your money to the Plaintiff. As we noted above, the restraining order should give affected sellers plenty of motivation to take action. And what’s the most productive type of action to take? Hiring an intellectual property lawyer!
Insofar as the response is concerned, sellers must provide one to avoid the Default Judgment outcome. Don’t let any frustration or intimidation you might be experiencing get in the way of that response. Also, not to worry if you’re not versed in what that response should look like. Your attorney can compose the response on your behalf! As your attorney, we’ll be working with you all along the way, so that you understand Alastin’s allegations of infringement and how you should address them. Overwhelmingly, our aim is to get your online selling business back on track and in rhythm so that you can continue making money!
One of the better ways to approach the lawsuit is by way of the legal complaint itself. Sellers can educate themselves on the claims of infringement and counterfeiting simply by reading the complaint. Sure, a good amount of the language therein is legalese and/or not easily comprehensible to the layperson. However, even gaining a general overview of the allegations made against your business is worthwhile. Don’t let the fact that you’re not an attorney, or that your business is based in China or another country outside the United States, stop you from getting the legal representation you deserve!
Why Is Alastin Suing Online Sellers?
All in all, Alastin Skincare has filed a lawsuit naming online sellers as alleged infringers on their intellectual property. Ostensibly, the Plaintiff wants to implement a temporary restraining order so that the Defendants can’t sell any more counterfeit goods online. Know that the allegations aren’t equivalent to guilt of the described actions! The lawsuit consists of claims, which need to be addressed, responded to, and possibly negotiated. If you’re a seller involved in this lawsuit and want to maintain as much of your money as you can, work with our team of attorneys! We can develop a creative legal solution just for you.
Alastin Skincare’s Allegations of Trademark Infringement
The following excerpts from the Alastin lawsuit legal complaint provide additional details regarding the infringement allegations:
E-commerce stores operating under the Seller Aliases often include content and images that make it very difficult for consumers to distinguish such stores from an authorized retailer. Plaintiff has not licensed or authorized Defendants to use any of the ALASTIN Trademarks and none of the Defendants are authorized retailers of Alastin Products.
Many Defendants also deceive unknowing consumers by using the ALASTIN Trademarks without authorization within the content, text, and/or meta tags of their e-commerce stores to attract various search engines crawling the Internet looking for websites relevant to consumer searches for Alastin Products. Other e-commerce stores operating under the Seller Aliases omit using ALASTIN 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 Alastin Products.
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 ALASTIN Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Products into the United States and Illinois over the Internet.
Contact our team at Stockman & Poropat, PLLC today for a free consultation!
Download the legal complaint below:
Up next we will be discussing the UGG, Hoka, and Teva Infringement Lawsuit.
