BBC Suing Online Sellers | Bluey Trademark and Copyright Lawsuit

BBC Studios Distribution Ltd is once again suing online sellers for trademark and copyright infringement. The Plaintiff claims that e-commerce operators have sold counterfeit Bluey products to consumers in the United States. BBC Studios owns the Bluey trademarks and copyright – Bluey is a popular animated television series. Now, if your business has been cited as one of the alleged infringers, what are you to do? Prior to taking action, know that the Bluey trademark and copyright lawsuit is not to be ignored! 

Once you’ve assessed the reality and seriousness of the matter, you’ll want to respond to the lawsuit. If you’re not equipped to respond on your own, not to worry! Once you retain an intellectual property attorney, they can respond for you. Any sellers who don’t respond are making their business vulnerable to even greater risks and costs. Among the nastiest of outcomes is a Default Judgment – you can avoid this by responding! 

Some folks may be asking, “What’s the big deal with this lawsuit? How will it affect my business on the day-to-day?” The court will approve a restraining order. A temporary restraining order (TRO), to be exact. What in the world of e-commerce is a TRO? Practically, it’s a freeze on your online seller accounts. With that in place, the Defendants won’t be able to access both their accounts and the money in them. It’s a definite disruption to sellers’ operations. In some instances, a TRO can force a seller to go bankrupt. 

How to Reduce Stress and Lower Cost? Hire an Attorney!

Of course, the truth of the claims made by BBC against the Defendants is something to be proved as the lawsuit progresses. Even so, the allegations themselves create an unfortunate situation. Sellers have to clear their name or reach a settlement with the Plaintiff. And, those sellers who want to get through the lawsuit with the least amount of stress and cost? Hire an attorney! 

An intellectual property attorney is the best thing for your business when dealing with a trademark and copyright lawsuit. Bluey products are incredibly popular. The BBC is claiming that counterfeiting of those products has cost them a lot of money. The Plaintiff has filed the suit so as to minimize continuing damage that could result from further infringement. Even though the allegations are not equivalent to guilt, per se, your attorney can help determine what led to your business getting sued and also negotiate a better settlement. 

Because it’s a Schedule A lawsuit, the Plaintiff has sued several online sellers all at the same time. BBC says the infringement occurred on Temu, Etsy, DHgate, Wish.com, Alibaba, Walmart, AliExpress, eBay, and Amazon. Given that they are suing the Defendants as a group, the Plaintiff will have the advantage when settlement time comes. What’s less advantageous about these settlements? They tend to give sellers only about half of the money in their frozen accounts. That’s why you really need an intellectual property attorney! We believe that you and your business deserve better than just being granted permission to keep half your hard-earned dollars by a company that’s suing you. 

BBC’s Allegations of Infringement:

The allegations made by BBC regarding infringement on their Bluey trademarks and copyright include the following:

Counterfeiters such as Defendants typically operate under multiple seller aliases and payment accounts so that they can continue operation in spite of Plaintiff’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 Plaintiff.

Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Unauthorized Bluey Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Bluey, have jointly and severally, knowingly and willfully used and continue to use the BLUEY Trademarks and/or copies of the Bluey Copyrighted Work in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Bluey Products into the United States and Illinois over the Internet.

This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered BLUEY Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The BLUEY Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from Bluey Products offered, sold, or marketed under the BLUEY Trademarks.

What the Legal Complaint States…

Plaintiff is the exclusive licensee of the BLUEY Trademarks. Bluey’s United States Registrations for the BLUEY Trademarks (Exhibit 1) are in full force and effect. On information and belief, Defendants have knowledge of Plaintiff’s rights in the BLUEY Trademarks and are willfully infringing and intentionally using infringing and counterfeit versions of the BLUEY Trademarks. Defendants’ willful, intentional, and unauthorized use of the BLUEY Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the Unauthorized Bluey Products among the general public. 

You can read the full version of the legal complaint associated with the case here: 

Recap of BBC Counterfeit Lawsuit

To recap, BBC is suing online sellers for trademark and copyright infringement of Bluey products. If your business was named in the lawsuit, most definitely respond to the court. The TRO that will affect your online account will block you from continuing business and also from accessing the money in your seller accounts. Take a moment to read through the legal complaint and understand the allegations being made. Rather than reaching an unfavorable settlement yourself with the Plaintiff, and/or trying to navigate the lawsuit on your own, retain an intellectual property attorney!  

Contact our team today! The firm of Stockman & Poropat, PLLC offers a free initial consultation. Once we understand your situation, we can develop an effective legal strategy for your online selling business so you can reach even greater heights!

Up next we will be discussing the Hozier Trademark Infringement Lawsuit.