PAW Patrol Infringement | Spin Master Sues Online Sellers
Online sellers are being sued by Spin Master, the owner of the PAW Patrol copyright and trademark rights. Are you based in China, the United States, or another country? Any of the sellers named in this infringement lawsuit should look into hiring an attorney! Ideally, you’ll want to navigate the lawsuit and achieve a reasonable outcome. Spin Master has their own attorneys and so should you. When e-commerce operators are sued for infringement and counterfeiting by major brands, having a lawyer simply just makes sense.
Have you sold PAW Patrol goods online to consumers in the US? If you’re a Defendant in this federal lawsuit, you should prepare to face the realities coming your way. Spin Master is seeking to curb what they describe as unlawful actions. The sellers on “Schedule A” have infringed on the PAW Patrol copyrights and trademarks, says the Plaintiff. Though these are allegations, the effect on your business and financial situation isn’t something to downplay. Ultimately, our team wants to work with you so that you can preserve your business and move forward.
Spin Master Infringement Allegations
To gain a better understanding of the lawsuit, here are some of the allegations made by Spin Master:
By using the PAW PATROL Trademarks in connection with the Unauthorized PAW Patrol Products, Defendants create a false designation of origin and a misleading representation of fact as to the origin and sponsorship of the Unauthorized PAW Patrol Products.
Defendants reap the benefits of the unauthorized copying and distribution of the PAW Patrol Copyrighted Works in the form of revenue and other profits that are driven by the sale of Unauthorized PAW Patrol Products.
The Defendants have unlawfully appropriated Spin Master’s protectable expression by taking material of substance and value and creating Unauthorized PAW Patrol Products that capture the total concept and feel of the PAW Patrol Copyrighted Works.
On information and belief, the Defendants’ infringement has been willful, intentional, and purposeful, and in disregard of and with indifference to Spin Master’s rights.
Defendants’ conduct is causing, and unless enjoined and restrained by this Court will continue to cause, Spin Master great and irreparable injury that cannot fully be compensated or measured in money. Spin Master has no adequate remedy at law. Pursuant to 17 U.S.C. § 502, Spin Master is entitled to a preliminary and permanent injunction prohibiting further infringement of the PAW Patrol Copyrighted Works.
Responding to the PAW Patrol Lawsuit
It may benefit you, as an online seller, to read the legal complaint in full (see link at bottom of page). Spin Master wishes to establish that because the Defendants have acted as a counterfeit network, they’re justified to seek relief by way of the court. The claims the Plaintiff has made are all spelled out in the legal complaint. These allegations don’t represent any sort of judgment. But, the fact that Spin Master has filed the lawsuit and will seek an injunction should make you pay attention. Online sellers named in this case will have to deal with a temporary restraining order.
You should provide a response to the court if you’re one of the sellers getting sued by Spin Master! Lack of a response might result in Spin Master getting awarded the money in your online account. Why would that ever happen? Because when the temporary restraining order is approved by the court, the money in your seller account is frozen. If you don’t respond, the money in that account will be given straight to the Plaintiff. Plus, on top of that, you might be the target of a Default Judgment, too. That can cost sellers additional money and create further complications. Best to just respond! And, if you’re confused on how to do so, our team of attorneys can certainly help you.
How the Temporary Restraining Order Works…
With the restraining order in effect, Spin Master will likely attempt to settle directly with the sellers. For sure, sellers are entitled to negotiate their own settlements with the Plaintiff. Some of the Defendants might prefer this option, in theory. In practice, a direct settlement may not be that attractive of an option. What we want to relay is, the majority of such settlements between sellers and Plaintiffs usually aren’t that favorable. Over the past several years, it’s been documented that sellers can expect to keep 60% of their frozen money when taking this route.
On the other hand, if the Defendants have their own intellectual property attorney, their chances of obtaining a good outcome are quite improved. Are you interested in keeping just about half of the money you’ve earned? Do you believe Spin Master deserves to get more than they already have from you? If you have concerns, then you have the right to address that with your lawyer.
Retain an Intellectual Property Attorney!
The intellectual property attorneys at Stockman & Poropat, PLLC are prepared to fight for you when it comes to the Spin Master lawsuit! If you want to respond, negotiate, and reach a settlement that makes sense in more ways than one, we’re here to make that all happen. Perhaps you’ve sold PAW Patrol products online, but that doesn’t necessarily mean you’ve infringed on the brand’s marks. For some sellers, the issue may simply be a matter of clarifying your true identity. Whatever the situation, having an attorney to work on your side in this matter will likely lead to a better result for you.
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 Tory Burch Counterfeit Lawsuit.
