Universal City Trademark & Copyright Infringement Action

Universal City Studios has filed an infringement action in federal court! The company cites the sale of counterfeit, unauthorized products protected by their trademarks and copyright as the reason for the lawsuit. With an infringement lawsuit such as this, any Defendant in the case will want to provide a timely response to the court. By doing as much, sellers can alleviate the possibility of a Default Judgment. And, it will provide the court with the necessary acknowledgment. So that the Defendants can enter into a legal process of resolution! 

That’s what we’re all about at Stockman & Poropat, PLLC! We want to support you as an online seller and develop a legal strategy aimed at achieving your desired outcome. It’s as important to our firm as it is to your business that your operation doesn’t sustain an insurmountable loss of any kind. We want to see you get back up on top and sell products that make your customers smile! Regardless of the allegations contained within the Universal City Studios case, our team is going to fight for you. 

What’s the deal with Universal filing this trademark and copyright infringement suit anyway? As in, what motivated the Plaintiff to accuse a group of online sellers of intellectual property infringement? Let’s dive into the details a bit. So, Universal alleges that a collective band of online sellers sold a bunch of counterfeit goods to consumers in the United States. Given that the Plaintiff describes these actions as collective, they’re seeking to establish that the sellers are a “network.” By extension, Universal is contending that this alleged network was formed for the express purpose of selling infringing products. 

Universal Claims Counterfeit Network Sold Numerous Products Online

The Plaintiff’s allegations related to the sale of counterfeit products are compelling for the court. Because of the supposed result of these actions. That is, Universal alleges that the Defendants’ collective unlawful action as a counterfeit network has led to a loss of revenue. Additionally, the Plaintiff says their reputation has been damaged due to a compromise in consumer trust. Consider the totality of what Universal City Studios states the named sellers engaged in. It stands to reason that the lawsuit is a sensible legal act. Based on the allegations, the Plaintiff wants to interrupt the flow of counterfeit products on the market. 

Which infringing products are all of these allegations of counterfeit connected to? The legal complaint specifies that the trademarks and/or copyright in question are related to certain properties owned by Universal City Studios. These include products branded under the Despicable Me, Fast & Furious, E.T., and Jaws franchises. 

The Defendants will need to address the lawsuit in order to fully protect and continue their e-commerce operations. Why’s that? Universal City Studios is going to have the court approve a temporary restraining order. The injunction will freeze all relevant online seller accounts across the appropriate marketplaces. As a result of the restraining order, sellers will be blocked from accessing the money generated from the sale of Universal-protected products. Until the allegations are addressed and/or a resolution is reached, the money will remain tied up. This may be slightly confusing. But even with the allegations not yet being proven by any stretch, the Plaintiff has the power to essentially shut down the Defendants’ businesses. 

Stockman & Poropat, PLLC is THE Law Firm for Intellectual Property Issues

Given all of the above, it makes turning to our firm at Stockman & Poropat, PLLC quite an easy decision! Our incredible attorneys and team are uber-prepared to help you get through this e-commerce roadblock. We possess a superior level of experience dealing with legal matters in the online selling world. Our lawyers are eager to learn the ins-and-outs of your e-commerce business. We’ll use that information to develop a legal strategy tailor-made for your precise goals and needs! 

As an affected seller, you may want to look into what options there are for direct settlements. Sometimes Defendants want to pursue a direct settlement with brands and companies like Universal. As it may provide an expedited outcome. Which is beneficial in its own right. But we want the affected sellers to know that it may come with some level of forfeiture. On average, direct settlements in infringement cases with entities like Universal land at around 60%. Therefore, if you were to take this route, there’s a possibility that the Plaintiff may be awarded more than half of the frozen money in your seller accounts. If you’re keen on a different sort of outcome, reach out to our team at Stockman & Poropat, PLLC! 

Universal City Studios’ Allegations of Trademark & Copyright Infringement

To round out this article, we’re going to share a few excerpts from the legal complaint. Feel free to download the complaint at the bottom of this page: 

The success of Plaintiff’s brand has resulted in significant counterfeiting of the Universal Trademarks and copying of the Universal Copyrighted Works. In recent years, Plaintiff has identified many fully interactive, e-commerce stores offering Unauthorized Products on online marketplace platforms, 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. Plaintiff has not licensed or authorized Defendants to use any of its Universal Trademarks or copy or redistribute the Universal Copyrighted Works, and none of the Defendants are authorized retailers of genuine Universal Products.

Defendants, without any authorization or license from Plaintiff, have knowingly and willfully used and continue to use the Universal Trademarks and/or copies of the Universal Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Products into the United States and Illinois over the Internet. 

Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!