Converse Suing Online Sellers for Infringement

The footwear brand Converse is suing online sellers for trademark infringement! The Schedule A lawsuit was recently filed in federal court. Converse allegest that several e-commerce sellers have worked as a network to actively sell counterfeit goods online. Like many other similar infringement lawsuits, this one claims that the Defendants have damaged the reputation of the brand. So far as Converse is concerned, the allegedly unlawful actions of the named sellers has cost the company money. To counteract what is believed to be rampant counterfeiting, Converse filed the lawsuit. 

To gain a comprehensive understanding of the Converse trademark lawsuit, we can turn to the legal complaint. The notice describes all of the alleged infringement enacted by the Defendants. Are the claims of counterfeit unique in their description or character? Not really! There are many allegations in the Converse lawsuit. And the claims bear a close resemblance to other lawsuits we’ve written about on this blog in the past. That’s due to an increase in the filing of such lawsuits within the last three years. Specifically, in the District Court for the Northern District of Illinois. 

Converse Claims Network of Counterfeiting

Here are some of the allegations of trademark infringement, taken directly from the legal complaint:

Defendants’ unauthorized use of the Converse Trademarks in connection with the advertising, distribution, offering for sale, and sale of Counterfeit Converse Products, including the sale of Counterfeit Converse 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 Converse.

This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered Converse Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The Converse Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from Converse Products offered, sold or marketed under the Converse Trademarks. 

Converse is the owner of the Converse Trademarks. Converse’s United States Registrations for the Converse Trademarks (Exhibit 1) are in full force and effect. On information and belief, Defendants have knowledge of Converse’s rights in the Converse Trademarks and are willfully infringing and intentionally using counterfeits of the Converse Trademarks. Defendants’ willful, intentional and unauthorized use of the Converse Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the Counterfeit Converse Products among the general public. 

Nervous About Being Sued?

Per the Plaintiff, the marks sellers have infringed on include Converse, Skidgrip, All Star, Cons, Converse.com, Weapon, First Star, Chuck Taylor, and more. The counterfeit goods, meanwhile, were apparently sold on eBay, Walmart, Amazon, Wish.com, Etsy, and DHgate, to name a few. 

We’ve successfully worked with many sellers around the world to help them navigate infringement lawsuits. It may happen that a selection of the Defendants are frightened or nervous. Because a brand like Converse is suing them. That is completely understandable. The Plaintiff is a big company with lots of resources. While the seller could very well be running a relatively small online business. In terms of power, from the outside looking in, or for the inexperienced, it might appear that the Defendants have no chance. That’s not the case! The sellers affected by this lawsuit do have a chance. Especially if they work with an intellectual property attorney! Having a tailor-made and well planned legal strategy is going to benefit you when responding to the Converse lawsuit. 

Before anything, you ought to provide a response to the court with regard to the lawsuit. Any seller who decides to either ignore the lawsuit or not respond could end up getting a Default Judgment issued against them. When that outcome presents itself, it can cost sellers additional money in damages. You need to respond to the lawsuit. If any given named seller isn’t sure how to create that response, an attorney can work with you to accomplish that. We don’t want to see sellers lose even more money because they didn’t submit a response. Our team can help! 

Addressing the Temporary Restraining Order

The primary disruption that the Converse trademark lawsuit will present to sellers will come by way of the temporary restraining order. That’s going to be approved by the court, more than likely. When the restraining order is in effect, sellers’ online accounts will be frozen, as well as the money in those accounts. For some, this could threaten to bankrupt their business. This is the main reason to treat the lawsuit as a serious matter. And, to resolve the temporary restraining order, you may want to settle with the Plaintiff. We would recommend working with an attorney, rather than negotiating yourself, because it will more often lead to a better settlement for you as the seller! 

For any seller getting sued by Converse, we suggest you seek out an intellectual property attorney! These sorts of federal counterfeit lawsuits shouldn’t be treated as a joke. They’re absolutely real and require action on the sellers’ part. We want to work with you so that we can make sure your business doesn’t needlessly lose money or its reputation. At the end of the day, you deserve to return to selling products to consumers who appreciate your online store. 

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 Fiat Chrysler Trademark Infringement Lawsuit.