Converse Sues Online Sellers Over Counterfeit Sales
Are you an e-commerce operator named in the newest Converse trademark lawsuit? No need to be intimidated! Of course, these intellectual property infringement cases can be a real downer. Your regular flow of business is interrupted. The value of your business may be affected, and nothing in the legal realm happens quickly. Nevertheless, Stockman & Poropat, PLLC is THE firm for e-commerce sellers. We’ve an incredible team led by award-winning attorneys who truly care about all of our clients! Let’s dive into why Converse sued online sellers over counterfeit sales.
Converse Alleges Counterfeit Network Sold Unauthorized Products
In order to most fully grasp the gravity and nuance of the Converse lawsuit, we can review the legal complaint. Feel free to download the complaint at the end of this article. By examining the allegations themselves, the Defendants can readily understand what the Plaintiff aims to prove. Here are a few selections from the document:
Converse has identified many fully interactive, e- commerce stores offering counterfeit Converse Products on online marketplace platforms such as Amazon, eBay, Temu, 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. Converse has not licensed or authorized Defendants to use any of the Converse Trademarks, and none of the Defendants are authorized retailers of genuine Converse Products.
Counterfeit Converse Products for sale by the Seller Aliases bear similar irregularities and indicia of being counterfeit to one another, suggesting that many of the Counterfeit Converse Products may be manufactured by and come from a common source and that many of Defendants are interrelated.
The “Counterfeit Network” | Converse Trademark Action
As we’ve observed in many other similar infringement lawsuits, Converse will do all they can to establish that the Defendants make up a counterfeit network! What’s a counterfeit network? It’s essentially a group of online sellers who share tactics on how to sell counterfeit goods. Are you being sued by Converse for trademark infringement? Did you knowingly participate in a type of community of sellers that discussed how to sell unauthorized products? Whatever the case may be, Stockman & Poropat, PLLC wants to help! The allegations that constitute the Converse lawsuit are not the same as a judgment. Therefore, you’ll want to equip yourself with a legal team. That will permit you to pursue a resolution that is sensible and sound.
What’s the lawsuit going to do to the named online sellers? How will it actually impact the Defendants’ online stores? Converse will have the court approve of a temporary restraining order! The Plaintiff wants a restraining order so as to prevent any further damage to their brand. Also, Converse is concerned about protecting the value of their trademarks. As of the date of the lawsuit’s filing, the Plaintiff believes that the actions of the sellers have resulted in a loss of revenue. It’s no small thing for any company to take a hit when counterfeiting occurs and it’s no difference in this case. However, are the allegations true and accurate? That’s an individual matter that can be fleshed out per Defendant. At the same time, what makes this sort of lawsuit so potentially frustrating is that the allegations will impact the sellers regardless of the “accuracy.”
You Deserve to Have an Intellectual Property Attorney on Your Side
Converse is certainly within their rights to go ahead with a lawsuit. And, likewise, as a named seller, you’re within your rights to take your own legal action in response! Having your own intellectual property attorney is perhaps the greatest way to preserve the integrity of your business in light of this action. As seen in numerous other Schedule A infringement cases, Converse wants to prohibit sellers from getting counterfeit goods on the marketplace. To stop what the Plaintiff says is a difficult-to-identify counterfeit network, they’re gone forward with this action.
The restraining order itself will freeze the named sellers’ marketplace accounts, seriously impacting their business. For some sellers, this maneuver could lead to bankruptcy. While it may not even have to be said, a restraining order can put sellers out of business. Depending on how healthy your funds were prior to the lawsuit, of course. And even if this Converse trademark lawsuit isn’t going to tank your operation, it will definitely be felt.
Anticipate a Temporary Restraining Order | Converse Sues Online Sellers Over Counterfeit Sales
Now, because the restraining order is going to put a freeze on your seller accounts, you’ll want to respond to the lawsuit in an official, timely manner. Any named Defendant who doesn’t provide a response to the court risks a Default Judgment. If and/or when a DJ comes into play, the outcome is typically not reversible and it can come with even higher costs for affected sellers. It could even happen that if you fail to respond the court may award the entire sum of what’s in your frozen account(s) to the Plaintiff! Are you prepared to hand over what could be thousands of dollars in earnings? Let Stockman & Poropat, PLLC develop a legal strategy that accounts for the outcome you’re seeking!
A segment of the sellers identified in this Converse lawsuit may be considering a path to resolution that doesn’t include an attorney. While that’s available in terms of options, sellers should keep in mind that most direct settlements in these cases aren’t favorable for the sellers. The reported average direct settlement percentage amount is about 60%, so you may be able to keep just 40% of your money if you go it alone. If that works for you, wonderful, but if you’re not keen on that sort of outcome, work with us at Stockman & Poropat, PLLC!
Stockman & Poropat, PLLC – THE E-Commerce Law Firm
Don’t put yourself in a deeper state of stress and try to handle the latest Converse on your own. Stockman & Poropat, PLLC cares about getting e-commerce sellers what they need to thrive on the marketplace. And, in this instance, it’s likely that a rock-solid and creative legal strategy is the remedy! We’ve developed such strategies for online sellers based all around the world. For our incredible work, we’ve received awards specifically recognizing our excellence in this area of law. If you’re mired in the weeds of the latest Converse trademark action, reach out to Stockman & Poropat, PLLC today!
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Up next read up on how Volkswagen Accused E-Commerce Operators of Selling Unauthorized Goods Through an Counterfeit Network.
