New Nike Trademark Infringement Lawsuit
Do you need an intellectual property attorney to help address the recently filed Nike trademark infringement action? You’ve landed on the right page! Our lawyers at Stockman & Poropat, PLLC have developed successful resolutions for online seller clients across the globe. When working with our clients, we prioritize their needs, financial concerns, and overall perspective. And, if you’re worried about the Nike lawsuit? That’s ok, but don’t feel helpless because our team is ready to assess and assist with your particular situation!
To get a full grasp of the Nike counterfeit action, the Defendants should thoroughly comb through the legal complaint. You’ll want to comprehend the allegations as best you can and pinpoint any areas where you may have questions. During the initial consultation with our team, we can go over those questions and answer them.
Nike’s Allegations of Intellectual Property Infringement
Here’s an overview of Nike’s allegations of intellectual property infringement:
Defendants are working to knowingly and willfully import, distribute, offer for sale, and sell Counterfeit Nike Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Nike, have knowingly and willfully used and continue to use the Nike Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Nike Products into the United States and Illinois over the Internet.
On information and belief, Defendants reside and/or operate in the People’s Republic of China or other foreign jurisdictions with weak trademark enforcement systems, or redistribute products from the same or similar sources in those locations. Defendants have the capacity to be sued pursuant to Federal Rule of Civil Procedure 17(b)
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. Nike has not licensed or authorized Defendants to use any of the Nike Trademarks, and none of the Defendants are authorized retailers of genuine Nike Products.
Nike Claims Infringement, Seeks Temporary Restraining Order
What happens in Schedule A infringement lawsuits is that the Plaintiff seeks and gets approval for a temporary restraining order. Nike aims to enact the injunction to halt what they believe is a network of online sellers. They claim the sellers are collaborating to sell unauthorized products to consumers. As seen in the legal complaint, Nike states these actions have cost the brand a significant amount of money. Not only that, says Nike, but the Defendants’ unlawful conduct has also damaged the reputation of the brand. We want to make it crystal clear that these claims of infringement are not proof of anything. As allegations, Nike’s statements may or may not apply to the online sellers being sued.
In many instances, Defendants may consider resolving the lawsuit as expeditiously as they can. A frequently considered go-to is attempting to reach a direct settlement with the Plaintiff. While that may appear to be an attractive option, it could mean you’ll lose money. And who would want that! Studies of similar cases have shown that sellers who attempt to broker direct settlements with Plaintiffs usually don’t get what they deserve. This is among the principal reasons why hiring an intellectual property attorney is so darn important!
How the Nike Counterfeit Action Will Impact Your E-Commerce Business
Each of the named sellers’ actual implication in the so-described unlawful infringement will vary. Some sellers may have an in depth level of involvement in the activity, while others may not. Because the allegations are issued in a more or less blanket format, the lawsuit will impact your online selling business. Which means, you need to respond to the court! A failure to submit a response to the court may pave the way for Nike to get all of the frozen money in your seller account. We certainly wouldn’t want that and we’re sure you wouldn’t either! That’s essentially why you really should submit a response. And, if you need assistance with drafting one, our team would be pleased to help.
As an online seller named in the latest Nike trademark infringement and counterfeiting action, know that you’ve got options! You’re entitled to retain your own legal counsel and address the counterfeit allegations with the aid of an attorney. You may want to have one of our intellectual property attorneys negotiate with the Plaintiff for you, so that any settlement reached is fair and within the range of what you deserve. Insofar as the legal strategy is concerned, our attorneys will take a close look at your case with great scrutiny and come up with a creative solution that works!
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 newest NBA Properties Counterfeit Action.
