Online Sellers Sued by Fox Racing

Fox Racing is suing online sellers for trademark infringement! At Stockman & Poropat, PLLC, our goal is to get our clients the best available resolution. With Schedule A intellectual property infringement lawsuits like this one, we urge our clients to be careful. About reaching a direct settlement, for example. We’ve come to the rescue for a vast array of e-commerce operators facing the same allegations. Our concern is your concern – our attorneys don’t want to see you take a financial hit or slip into bankruptcy. Certainly not! Having an experienced IP attorney in this case will be an undeniable benefit!

Now, we very briefly mentioned the subject of direct settlements. The relevance of that will become apparent once the Fox Racing lawsuit plays out. Let us explain. With Schedule A trademark lawsuits, brands like Fox Racing often seek a temporary restraining order. It’s also known as an injunction and again, is only temporary. However, even considering the fleeting nature of the restraining order, it will be felt by the Defendants. In effect, the injunction will impose a freeze on sellers’ online marketplace accounts. The money in the accounts will likewise be frozen, so sellers won’t be able to withdraw the funds.

Legal Strategy: Fox Racing Infringement Lawsuit

Our firm wants online sellers being sued by Fox Racing to know that a direct settlement could leave them with a mere slice of the money in their accounts. Generally, reports show that sellers who pursue direct settlements with Plaintiffs in these cases settle for 60% of the total amount in their accounts. And what happens to the remainder of the money? It’s awarded to the Plaintiff. Similarly, if any Defendant doesn’t respond to the lawsuit? By ignoring it or otherwise, the total amount of money in the accounts will be awarded to Fox Racing. Not only that, those online sellers who fail to respond might also get hit with a Default Judgment! Responding and retaining an attorney will both improve your outcome opportunities.

Indeed, while the named sellers may be feeling the squeeze of the temporary restraining order, settling with Fox Racing without a lawyer might not work out in the seller’s favor. And that’s not what our team wants to see happen! Rather, we want the affected sellers to get back to finding success online! We also absolutely understand how frustrating and stressful this type of lawsuit can be for e-commerce operators. So while our team will assist with everything related to the legal side of the situation, we’ll also provide you with an unmatched level of service to make the process as painless as it can be!

Why Are Online Sellers Being Sued by Fox Racing?

Why is Fox Racing even suing online sellers in the first place? They’ve determined that the Defendants sold unauthorized, counterfeit versions of their products to consumers. This alleged unlawful activity supposedly took place on multiple online selling platforms. Per Fox Racing, the sellers’ actions resulted in damage to the brand, both reputationally and financially. It’s the Plaintiff’s belief that a temporary injunction is required. to put a stop to the counterfeiting. And, whether true or not, accurate or not, the restraining order will still affect sellers’ operation! That’s why retaining the right attorney, with specific e-commerce experience, is so darn important.

To reiterate, the Defendants should make their e-commerce business safe against a Default Judgment by simply responding. We don’t want to see any of the named sellers lose all of the money in their accounts due to the absence of a response! The Fox Racing lawsuit is definitely legitimate and real, even though the allegations may or may not apply to your business practices. And, to gain the most detailed insight into the Plaintiff’s allegations, we can look to the legal complaint, which is downloadable at the bottom of this page.

Fox Racing Trademark Infringment Allegations

A selection of the Fox Racing trademark infringement allegations reads as follows:

Defendants concurrently employ and benefit from substantially advertising and marketing strategies. For example, Defendants facilitate sales by designing the e-commerce stores operating under the Seller Aliases so that they appear to unknowing consumers to be authorized online retailers, outlet stores, or wholesalers. E-commerce stores operating under the Seller Aliases appear sophisticated and accept payment in U.S. dollars and/or funds from U.S. bank accounts via credit cards, Alipay, Amazon Pay, and/or PayPal.

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. Plaintiff has not licensed or authorized Defendants to use any of the FOX Racing Trademarks, and none of the Defendants are authorized retailers of genuine Fox Racing Products.

Defendants are working to knowingly and willfully import, distribute, offer for sale, and sell Counterfeit Fox Racing Products in the same transaction, occurrence, or series of transactions or occurrences. [The sellers], without any authorization or license from Plaintiff, have knowingly and willfully used and continue to use the FOX RACING Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Fox Racing Products into the United States and Illinois over the Internet.

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 Eagles trademark infringement lawsuit.