Volkswagen Group of America Sues E-Commerce Sellers For Infringement Over Sale of Audi Products Online
Volkswagen Group of America has filed a federal lawsuit to combat the sale of counterfeit Audi products. VW is moving on this trademark infringement action for several reasons, all of which are based on allegations of unlawful activity. The unlawful nature of the activity refers to actions the Defendants took to successfully sell counterfeit products to unknowing consumers, according to VW. Have ALL of the named sellers in this lawsuit actually engaged in what the Plaintiff says they did? That all really depends on your particular situation! Stockman & Poropat, PLLC is here to help you figure out what your e-commerce business is actually responsible for.
We want to let affected sellers know that the Audi trademark infringement action focuses on a major allegation. What’re we talking about? The Plaintiff has alleged that the Defendants form a collective “counterfeit network.” This network allegedly exists with the express purpose of facilitating the sale of infringing, unauthorized Audi products. Which is to say, the named sellers in the lawsuit have collaborated, communicated, and organized their approach to most effectively sell counterfeit Audi goods to consumers online. By identifying the Defendants as a network, VW has positioned themselves to sue multiple sellers in a single lawsuit. Versus suing each seller individually. It’s an advantage for the Plaintiff, because they’re attempting to recoup damages. To protect your business, reach out to us at Stockman & Poropat, PLLC!
Provide a Response to the Court, Avoid a Default Judgment
Please, provide a response to the court in a reasonable time frame to avoid a Default Judgment. We urge the Defendants to consider this matter very serious and to act accordingly. The Audi trademark infringement case isn’t a sham or a ruse – it’s a real lawsuit filed in federal court. The consequences of not submitting a timely response could be financially severe, in other words. It’s unlikely that any Defendant in this case would want to face a Default Judgment. You can fairly simply keep clear of that possibility by just responding!
Let’s take a peek at the allegations in the Audi infringement lawsuit, as written in the legal complaint. Any Defendant in this case should review the legal complaint with thoroughness, in order to inform themselves of the allegations. Knowing what VW is alleging is also useful for when you do have an initial consultation with our team at Stockman & Poropat, PLLC…
Allegations of Infringement Due to Sale of Audi Branded Goods Online
Defendants facilitate sales by designing 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 Audi Trademarks, and none of the Defendants are authorized retailers of genuine Audi Products.
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.
What E-Commerce Sellers Being Sued by VW Should Expect
Here’s what to expect. VW is going to have the court approve a temporary restraining order, which will freeze all marketplaces accounts belonging to the Defendants. As you may have guessed, this means that affected sellers won’t be able to access the funds in those accounts. Mainly, the injunction is targeting the sale of Audi products. That is, the restraining order functions to inhibit Defendants’ access to their money so as to prevent the further sale of counterfeit Audi goods. In some instances, the injunction can impact money not even earned from the sale of the Plaintiff’s products. So, all in all, the lawsuit can result in an undeniable disruption to your e-commerce operations. The most sensible action to take is aligning yourself with the appropriate legal team – Stockman & Poropat, PLLC is here for you!
Now, why is VW suing e-commerce sellers for allegedly selling counterfeit products? Essentially, because that’s what the Plaintiff believes happened. And, as noted earlier, the Plaintiff states that the actions of the Defendants resulted in a significant loss of revenue. What VW doesn’t want is for online consumers to believe they’re purchasing an authorized Audi branded product, when they’re not. That’s another aspect of the lawsuit. The Plaintiff says that the Defendants’ actions have caused consumers to purchase such counterfeit goods unknowingly. Which, per VW, means their reputation has been damaged, as well.
Stockman & Poropat, PLLC is looking forward to working with you! Our firm is headed by two incredible intellectual property attorneys who legitimately care about our clients. We approach our client-attorney relationship with compassion, patience, and diligence. Our team possesses an uncommon amount of experience in the e-commerce legal universe and we know how to develop creative legal solutions that work!
Contact our team at Stockman & Poropat, PLLC today!
Download the legal complaint below:
