Hallmark Jesus and Rainbow Brite Dolls Sold Without Authorization: Trademark Infringement Lawsuit Filed in Federal Court
The firm of Stockman & Poropat, PLLC has earned a stellar reputation in the area of intellectual property law. Our attorneys have received awards recognizing our excellence. And the firm itself has garnered hundreds of positive reviews from satisfied clients who’ve relied on our legal services. We provide actionable legal strategies based on your situation and aims. At Stockman & Poropat, PLLC, your goals are our goals! We want to work with you to ensure you get an outcome that aligns as closely as it can with your expectations.
What about those e-commerce sellers who don’t want to retain an attorney? Perhaps they don’t believe a legal team is required to navigate intellectual property lawsuits. As a law firm, we recognize that any perspective is worth arguing for or against. But, when you’ve been named in a federal infringement action, working with an attorney is the most reasonable approach. And yes, we’re saying that because we’re a law firm!
However, there’s more to it than just that. See, when major companies sue individual e-commerce operators, they’re threatening the viability of those small businesses. Depending on how much money is involved in the lawsuit, it could shove any given seller to the edge of having to shut down. Stockman & Poropat, PLLC wouldn’t want to see any e-commerce seller have to close up shop unnecessarily. Nor would our firm like to have a seller relinquish a substantial amount of money to the Plaintiff. As that outcome may be avoidable. We will prioritize saving you time and money! We want to protect the integrity of your operation and get you back to selling on the marketplace!
Hallmark Suing Sellers Due to “Unlawful Conduct” Related to Sale of Counterfeit Products
We’re going to cover how Hallmark is suing sellers due to so-called “unlawful conduct.” Which is related to the sale of counterfeit products. The company alleges that the named Defendants sold a substantial amount of counterfeit versions of their products to consumers online. These products include the My Friend Jesus Stuffed Doll and the Mother Mary Holding Baby Jesus Stuffed Doll. As well as the Rainbow Brite dolls, games, toys, books, and more. The trademark action also identifies the sale of other Hallmark branded goods as having been sold without authorization. And, the Plaintiff insists on imposing consequences in response to these actions. Not because they’re a big bad mean company, but because they experienced revenue loss and documented consumer confusion. Hallmark doesn’t want its reputation to be harmed by what it says are active counterfeiters, knowingly offering counterfeit products online.
As seen in numerous other, similar infringement actions, Hallmark will request that the court approve a temporary injunction. This will block sellers from their marketplace accounts. This temporary restraining order will prevent the Defendants from accessing money generated from the sale of allegedly counterfeit Hallmark goods. Again, the Plaintiff is explicitly doing so because they believe these actions have resulted in harm for their business.
And, given that the lawsuit is predicated on allegations, the claims specified insofar as infringement goes may or may not be applicable to any and/or all of the Defendants. Which is why having the right, competent – and in our case at Stockman & Poropat, PLLC – exemplary legal team to back you up! Don’t take a loss if you don’t have to. Equip yourself with the right tool and the right team. That way, you can achieve the resolution you need to continue on your path as a successful e-commerce seller.
Submit a Timely Response and Avoid a Default Judgment!
Be sure to respond to the lawsuit! The terms, at this time, may not appear to be favorable. But, failure to respond could make them even less favorable. There’s no sense risking a Default Judgment and additional costs and/or fees. Submit a timely response, retain an attorney, and start walking down the road to resolution!
At this juncture, we’re going to acknowledge Hallmark’s allegations of infringement, precisely how they’re described, by including excerpts from the legal complaint. We suggest that any affected seller carefully review the complaint so that they’re informed and can share any questions or concerns during an initial consult with Stockman & Poropat, PLLC:
Defendants are collectively causing harm to Plaintiff’s goodwill and reputation because the effect of their unlawful actions taken together amplifies each harm and creates a single negative consumer impression. Defendants’ activities, occurring at the same time and in the same retail space and manner as one another, blend together to create a single negative impression on consumers such that they constitute the same occurrence or series of occurrences.
The combination of all Defendants engaging in the same illegal activity in the same time span causes a collective harm to Plaintiff in a way that individual actions, occurring alone, might not.
E-commerce store operators like Defendants regularly register or acquire new seller aliases for the purpose of offering for sale and selling Unauthorized Products. Such seller alias registration patterns are one of many common tactics used by E-commerce store operators like Defendants to conceal their identities, the full scope and interworking of their counterfeiting operation, and to avoid being shut down.
Hallmark Identified “Counterfeit Network,” Sued For Trademark Infringement
As seen above, Hallmark wants to determine that the Defendants are interrelated, share common counterfeit goals, and work together to more effectively sell infringing products. Do you know any of the Defendants listed on the lawsuit’s Schedule A? Have you actually used the communication platforms specified in the complaint to share best tactics for how to stealthily evade enforcement and trick consumers into buying rip-off Hallmark products? Whatever the case may be, Stockman & Poropat, PLLC is confident we can work out a legal solution that benefits your business!
Contact our team at Stockman & Poropat, PLLC today!
Download the legal complaint below:
Up next you can read about how the Volkswagen Group of America Sued Multiple E-Commerce Operators For Selling Unauthorized Audi Goods.
