Online Sellers Sued by Marc Jacobs | Trademark Infringement Action
The premium fashion brand Marc Jacobs, known around the world for their apparel and lifestyle goods, is suing online sellers. What’s March Jacobs doing that for? Well, the fashion company, based on gathered information and belief, alleges that counterfeit versions of their goods have been sold.
Here’s an overview of the newest Marc Jacobs trademark infringement action, by way of several excerpts from the legal complaint:
The success of the MARC JACOBS brand has resulted in significant counterfeiting of MARC JACOBS trademarks. Consequently, the MJ Entities have a worldwide anti- counterfeiting program and regularly investigate suspicious e-commerce stores identified in proactive Internet sweeps and reported by consumers.
In recent years, the MJ Entities have identified many fully interactive, e-commerce stores offering counterfeit MARC JACOBS Products on online marketplace platforms such as PayPal, Amazon, eBay, Alibaba, Walmart, and Temu, including the e-commerce stores operating under the Seller Aliases.
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. The MJ Entities have not licensed or authorized Defendants to use any of the MARC JACOBS Trademarks, and none of the Defendants are authorized retailers of genuine MARC JACOBS Products.
Marc Jacobs Allegations of Trademark Infringement
The counterfeit allegations put forth by Marc Jacobs remain to be proven. Nevertheless, the existence of the Plaintiff’s claims and the legal context means sellers will be affected. What type of lawsuit is this anyway? Namely, a trademark infringement lawsuit, which names a group of online sellers, and states they’ve worked together to sell unauthorized goods. It’s also a Scheduile A infringement lawsuit, in that the Defendants are being sued collectively, rather than one by one.
An often-cited allegation in such trademark infringement suits is that the Defedants, who are the listed sellers on the lawsuit’s Schedule A, have formed a network. If you’re one of the sellers named, are you guaranteed to know any or some or even one of the other sellers named? As we said, Marc Jacob’s allegations are just that. Unfortunately, while each Defendant’s depth of responsibility may differ, they will all be impacted as a group. Even if they’re not necessarily the sort of “network” Marc Jacobs believes they are.
At Stockman & Poropat, PLLC, we can help you address the concerns in this lawsuit! Your e-commerce operation is as unique as you are and as such requires a ultra-specific legal strategy. We can deliver a strategy that aligns with your expectations. And, we’ll sort out this situation so you can get back to selling and generating revenue!
Marc Jacobs Counterfeit Lawsuit | Temporary Restraining Order
The temporary restraining order that Marc Jacobs will have the court approve may be the most frustrating aspect. What’s the point of a temporary injunction anyway? The reason Marc Jacobs have the court issue a restraining order is to halt the sale of more goods. That’s to say, more goods that may be counterfeit or otherwise infringing on the Plaintiff’s trademarks. How’s the restraining order going to manifest? Principally, the Defendants’ marketplace seller accounts will be frozen. The TRO generally affects funds earned from the sale goods identified as counterfeit by the Plaintiff. However, there’s a possibility that the temporary restraining order impacts other money, as well.
Marc Jacobs posits that the Defendants, through their collective unauthorized actions, have caused the Plaintiff’s brand considerable harm. The damage that Marc Jacobs is referring to is seen in terms of finances and reputation. According to the Plaintiff, the Defendants have hurt Marc Jacobs’ business. And the lawsuit was filed to recoup some of the damage done. Are you, an online seller who might be confused by this lawsuit, actually guilty of the unlawful actions described by Marc Jacobs? Stockman & Poropat, PLLC will work with you to figure out every detail that lead to you getting named in this lawsuit. From there, we’ll come up with a plan that allows you to clear your business, negotiate a settlement, or reach another favorable resolution!
Join Forces With Stockman & Poropat, PLLC!
Joining forces with our team at Stockman & Poropat, PLLC will boost your chances at successfully navigating the Marc Jacobs lawsuit. We don’t want to see you take the average direct settlement amount of 60%. Leaving you with just about half of the money you’ve earned. That’s right, the frozen money will be held in your seller account until you address the lawsuit. Which means you need to submit a response! If you don’t want a Default Judgment or have all of your frozen funds handed over to Marc Jacobs, respond and consult with Stockman & Poropat, PLLC for free!
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 latest Christian Dior Trademark Infringement Action.
