Vogue Claims Trademark Infringement | Online Sellers Sued
Our team of intellectual property attorneys wants to help you with the new Vogue trademark infringement lawsuit! Vogue recently filed the lawsuit in federal court to stop what they call a network of counterfeiters. The Defendants are online sellers just like you! The company is suing e-commerce sellers because they’ve identified actions that they believe amount to IP infringement.
Though the case was only filed this week, soon enough the court will approve Vogue’s request for a temporary restraining order. The restraining order will affect the Defendants’ online seller accounts by freezing their money. Any funds earned from selling Vogue products will be frozen. The TRO could also potentially be applied to other money generated from the sale of unrelated products. Obviously, if your money is being frozen then you will feel the reality of the lawsuit quite quickly. This is not something that any named seller should ignore! Swift and decisive action on the part of sellers, with the aid of an attorney, will result in a better outcome.
Approval of the restraining order will give the Plaintiff some leverage insofar as direct settlements are concerned. In Schedule A infringement lawsuits like this, sellers may perceive a direct settlement to be a quick and easy option. While some part of that assumption may be true, in most instances direct settlements provide sellers with just a fraction of their money. That’s why retaining an intellectual property attorney is so essential! Your lawyer can negotiate with Vogue for you so that you get the greatest available settlement. To reiterate, don’t ignore the lawsuit or the fact that you’re being sued by Vogue. Turning your back on the responsibility to address the situation could cost you much more money.
Respond to the Vogue Trademark Lawsuit
As a seller, you’ll absolutely want to respond to the Vogue trademark lawsuit. If you choose not to respond, any money in your seller account (that’s frozen) will be awarded to the Plaintiff. Plus, your inaction could also lead to the court to issue a Default Judgment, which will be expensive and difficult. If you want to continue your e-commerce business and make money, respond to the court!
To further clarify, the Vogue trademark infringement lawsuit is based on allegations of counterfeit. The legal complaint itself, downloadable at the bottom of this page, is worth reading. Sellers may want to read the legal complaint to gain an understanding of the claims. Knowing the allegations made against your business will benefit you throughout the process.
Understanding Vogue’s Allegations of Infringement
What follows is a selection of the allegations, taken directly from the legal complaint:
Plaintiff has identified many fully interactive, e- commerce stores offering Counterfeit Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, Temu, DHgate, and TikTok, including the e-commerce stores operating under the Seller Aliases.
Plaintiff has not licensed or authorized Defendants to use any of the VOGUE Trademarks, and none of the Defendants are authorized retailers of genuine Vogue Products.
Defendants also deceive unknowing consumers by using the VOGUE 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 Vogue Products. Other e-commerce stores operating under the Seller Aliases omit using the VOGUE 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 Vogue Products.
This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered VOGUE Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods.
Take Action, Hire an Intellectual Property Attorney
Vogue taking legal action against an online seller can have a legitimate impact. Many e-commerce sellers struggle when they’re faced with a lawsuit. Especially if a temporary restraining order is involved. Sellers could be pushed into a very vulnerable financial position. While the lawsuit is based on allegations, sellers will still feel the pressure until they reach a resolution. Our team at Stockman & Poropat, PLLC wants to help online sellers navigate this difficult scenario. That way, you can maintain your business and get back to being a successful online seller!
Whether your business is based in the United States, China, or anywhere else, you have the right to retain an attorney. Having an intellectual property lawyer will vastly increase your chances of obtaining a favorable resolution. Vogue is a major brand with an absolute abundance of resources. As a seller being sued by such a big company, it only makes sense to have your own attorney! We can work with you and the Plaintiff to respond, address the restraining order, and/or negotiate for a settlement.
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 Spin Master (PAW Patrol) Infringement Lawsuit.
