E-Commerce Sellers Accused of Infringement | Marc Jacobs Counterfeit Legal Action
One of the world’s most famous fashion brands, Marc Jacobs, is suing online sellers for trademark infringement! Marc Jacobs is a brand that many people recognize as a leader in fashion design and trend setting. Which makes the name very valuable! The associated trademarks connected to Marc Jacobs products, then, are also valuable. As such, the Plaintiff alleges that they’ve filed this latest lawsuit to stop infringement and counterfeit sales.
What’s going to happen to the named online sellers in this new Marc Jacobs lawsuit? Their e-commerce operations will be disrupted by a temporary restraining order! That’s right, the Plaintiff will appeal to the court to approve of a temporary injunction. This is meant to block any further counterfeit sales of Marc Jacobs goods. This restraining order will result in the freezing of the Defendants’ online seller accounts. See, what Marc Jacobs wants to prove is that the Defendants have sold so many infringing products. And in turn, those actions have hurt the Plaintiff’s business. To accomplish that, they’ve filed the lawsuit and will seek the injunction.
At Stockman & Poropat, PLLC, we know that trademark infringement lawsuits can impact small e-commerce businesses in a big way! Every online seller depends on their funds and cash flow to operate. Having a restraining order can upend your business, costing you money. Our firm is dedicated to delivering creative legal solutions for sellers just like you. We’ve done just that for e-commerce sellers all over the world!
Marc Jacobs Alleges Group of Online Sellers Formed “Counterfeit Network”
The main allegation isolated and defined by Marc Jacobs is that the Defendants form a network of counterfeiters. The Plaintiff alleges that the collective action of the sellers, grouped on the suit’s Schedule A, caused severe damage to the Marc Jacobs brand. That damage has manifested in the form of harming the company’s reputation, loss of revenue, and consumer confusion. Are you or any of the other named sellers actually, truly part of a “counterfeit network”? That remains to be seen! However, even though the lawsuit is made up of allegations, that’s enough for the court to approve of the temporary restraining order. Which means, even if you aren’t responsible or only partially involved in the activities described by Marc Jacobs, you’ll still be impacted by the legal action.
Online Sellers Sued as Group | Plaintiff Claims Loss of Revenue, Damage to Reputation
Ahead of every other action, sellers need to provide a response to the court, acknowledging the lawsuit. It’s undeniably crucial that the Defendants take this step. So that they don’t put themselves in a position where a Default Judgment is issued. We safely assume none of the online sellers want a Default Judgment, because that will result in more loss of funds. Not to mention, a DJ can damage the reputation of your e-commerce operation in the long run. It’s also plausible that whatever the judgment declares can’t be overturned at a later time. In short, respond to save time and money!
Stockman & Poropat, PLLC is led by a team of award-winning attorneys who have established an incredible reputation when it comes to e-commerce legal issues. Our lawyers are adept at developing strategies that function to alleviate issues related to infringement lawsuits. Our goal is always to prioritize client needs and desires, so that this entire situation is handled with the least amount of frustration. We provide a seamless line of communication with our clients, too, so that you’re always in the loop and can communicate with our team as needed!
As we mentioned, Marc Jacobs has filed the lawsuit against what they deem is a counterfeit network. By identifying the sellers as a network, the Plaintiff is granted the power to sue a group of Defendants, instead of on an individual basis. That’s essentially what it means when we refer to the action’s Schedule A. That “schedule” consists of all the sellers Marc Jacobs has identified as counterfeiters, which they allege worked together to sell unauthorized products. This explains why and how Marc Jacobs is pursuing legal action against multiple online sellers at the same time.
Insight Into Marc Jacobs Latest Trademark Infringement Lawsuit…
Let’s take a look at a few selections excerpted from the legal complaint. These selections will allow readers/sellers to gain insight into the kind of allegations Marc Jacobs has put forth:
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, and Walmart, 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.
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
