Kendra Scott Counterfeit Action | Online Sellers Sued
The lifestyle and jewelry brand Kendra Scott has filed a new trademark infringement lawsuit. The federal action aims to curb what Kendra Scott believes is online sales of counterfeit products. The online sellers accused of trademark infringement will need to respond to the lawsuit. The intellectual property attorneys at Stockman & Poropat, PLLC can provide you with the legal counsel you’ll need!
With the Kendra Scott infringement lawsuit, the Defendants will have to address the allegations. Any seller who doesn’t formally address the lawsuit will risk losing money! And just how can the lawsuit cost sellers money? The Plaintiff is going to have the court approve a temporary restraining order. That means your online seller accounts will be frozen and you won’t have access to your funds. The temporary injunction is meant to stop sellers from offering any more counterfeit goods on the marketplace. At the time that the restraining order takes effect, then the Defendants will need to consider their options.
Why in the heck is Kendra Scott placing a restraining order on your seller accounts? That’s a great question! The Plaintiff has gathered information and formed the belief that the Defendants have sold counterfeit products. According to Kendra Scott, the brand has suffered financially and in terms of reputation. Even though this million-dollar company is suing your e-commerce business, that doesn’t mean it’s necessarily a total loss. By working with an intellectual property attorney, you’ll more likely get a favorable resolution.
Direct Settlement or Hire an Intellectual Property Attorney?
Another thing that enters this legal equation is the potential to reach a direct settlement. Which is to say, if online sellers don’t retain a lawyer, they can negotiate with the Plaintiff on their own. What we’ve learned over the years is that most of these direct settlements aren’t fair to online sellers. See, Kendra Scott is going to attempt to negotiate a settlement that works for them. One wherein the seller only keeps about half of the money in their frozen account. Is that what every single Defendant deserves? The details of each seller’s e-commerce operation will dictate the appropriate legal strategy. And having a good strategy is key when it comes to trademark infringement lawsuits.
Stockman & Poropat, PLLC Will Strategize For You
At Stockman & Poropat, PLLC, we will develop the very legal strategy that your situation demands. We know that receiving notice that Kendra Scott is suing you might be intimidating. Or, it might just be a severely frustrating piece of news due to the disruption and affect it’ll have on your online business. However you interpret the lawsuit, the allegations are actively impacting the named sellers. That’s why providing a response is so undeniably important. You don’t want to have the full amount of money in your frozen account handed over to Kendra Scott for a failure of response. Retain legal counsel!
This latest Kendra Scott trademark lawsuit asserts many allegations of counterfeiting. Among the claims, the Plaintiff alleges that the Defendants comprise a network. Furthermore, the sellers communicate with one another to more successfully sell counterfeit goods. And many more very specific allegations within that realm.
Online Sellers and Trademark Infringement
The sellers should absorb the gravity of the lawsuit and understand the claims by reading the legal complaint. These are some of Kendra Scott’s allegations of infringement:
Defendants have ramped up their counterfeiting of the Kendra Scott Trademarks. Many Defendants also deceive unknowing consumers by using the Kendra Scott Trademarks without authorization within (a) social media advertisements directing them to Defendants’ websites and (b) the content, text, and/or meta tags of their e-commerce stores to attract various search engines crawling the Internet looking for e-commerce stores relevant to consumer searches for Kendra Scott Products.
E-commerce store operators like Defendants regularly register or acquire new seller aliases for the purpose of offering for sale and selling Counterfeit Kendra Scott Products. Such seller alias registration patterns are one of many common tactics used by e-commerce store operators like Defendants to conceal their identities and the full scope and interworking of their counterfeiting operation, and to avoid being shut down.
Counterfeit Kendra Scott Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that the Counterfeit Kendra Scott Products were manufactured by and come from a common source and that Defendants are interrelated.
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 Audi Trademark Infringement Lawsuit.
