Birkenstock Federal Counterfeit Lawsuit
Have you been notified that the major brand Birkenstock is suing you for trademark infringement? Are you facing multiple and varied allegations of counterfeit? Unfortunately, intellectual property infringement lawsuits are somewhat commonplace in the e-commerce universe. Just because you’re one of the Defendants in the Birkenstock action doesn’t mean you’ve actually engaged in the infringement, as alleged.
To gain the best understanding of the Birkenstock infringement lawsuit, we turn to the legal complaint. Here follows a few snippets of the trademark infringement claims made by Birkenstock:
Defendants [] deceive unknowing consumers by using the BIRKENSTOCK Trademarks without authorization within the content, text, and/or meta tags of their e-commerce stores to attract various search engines crawling the Internet looking for websites relevant to consumer searches for Birkenstock Products.
Other e-commerce stores operating under the Seller Aliases omit using BIRKENSTOCK Trademarks in the item title to evade enforcement efforts while using strategic item titles and descriptions that will trigger their listings when consumers are searching for Birkenstock Products.
Counterfeiters such as Defendants typically operate under multiple seller aliases and payment accounts so that they can continue operation in spite of Birkenstock’s enforcement. E-commerce store operators like Defendants maintain off-shore bank accounts and regularly move funds from their financial accounts to off-shore accounts outside the jurisdiction of this Court to avoid payment of any monetary judgment awarded to Birkenstock.
Stockman & Poropat, PLLC is Eager to Work With You!
At Stockman & Poropat, PLLC, our intellectual property lawyers are eager to work with you! Our incredible attorneys and supportive team have delivered positive results for e-commerce sellers around the world. We possess an unusually robust amount of experience with intellectual property infringement lawsuits and know exactly what sellers like you need. As a Defendant in the Birkenstock action, you’ll benefit from having the appropriate legal counsel!
Some folks in this predicament may ask if they really, truly need an attorney to deal with the Birkenstock lawsuit? That’s an entirely valid question! As a law firm, surely it makes sense that we’re going to let online sellers know the benefits of retaining an attorney, but not just because we’re a law firm. The real reason online sellers in infringement lawsuits should hire an attorney is so that they don’t get a poor resolution. Our team is passionate about getting what’s right and fair for our clients! We wouldn’t like to see any of the Defendants take a loss if that loss isn’t a necessity. The cost of an attorney is worth it in the long term because you can protect your online business!
To elaborate, when sellers are represented by an intellectual property lawyer, they’ll have a better chance at keeping more of their money, instead of less. What now!? Yes, Birkenstock will be seeking a temporary restraining order to prevent further counterfeiting. The restraining order is a typical strategy employed by big brands to ostensibly stop any further infringement. The principal effect of the restraining order is that it places a freeze on the sellers’ online accounts. Does that translate to sellers not being able to access the money in those accounts? You got it! This aspect of Schedule A infringement lawsuits can be very frustrating. Which is why you ought to hire an attorney!
How to Find a Favorable Resolution | Birkenstock Trademark Infringement Action
Once the restraining order is approved, sellers may find themselves interested in reaching a direct settlement with Birkenstock. On average, if a Defendant in a case like this attempts to settle with the Plaintiff on their own they may only get 60% or so of their frozen money. That’s just about half of the money you and your business earned. Does that sound fair? Maybe not. It’s mainly for this reason that we so strongly recommend legal counsel. You’ll want to maintain as much of your frozen seller account money as you can! The most efficient way to achieve that end is to work with an attorney! Your lawyer can negotiate for you and likely get you the settlement you deserve.
Among the many positives of retaining legal counsel is that we’ll develop a legal strategy based on your particular e-commerce activity. If there’s any opportunity to flat out clear you of any wrongdoing suggested by the allegations, we can handle that, too. Not to mention, sellers will need to respond to the lawsuit – if you need help drafting or submitting that response, our team is also ready to step in. We urge you to respond so that you don’t have to later on deal with a Default Judgment, costing you more money and perhaps a bigger headache! You’ve got the right to obtain an attorney!
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 newest Christian Dior Trademark Infringement Action.
