Alleged Counterfeit Network Sued by Crye Precision
Crye Precision is yet again suing online sellers for alleged unlawful actions involving counterfeit sales! The potential for the newest Crye Precision lawsuit to disrupt your e-commerce operation is definitely present. To protect your business to the extent that it needs to be, consider working with our attorneys at Stockman & Poropat, PLLC!
Arguably, the most challenging component of the Crye Precision trademark infringement action will be the temporary restraining order. The Plaintiff is going to have the court approve of that measure so as to stop further infringing sales. Unfortunately, the restraining order will mean that your online seller accounts will be frozen. And the money in those accounts? It’ll be held there and you won’t be able to access the funds. In certain instances, the injunction can also affect money other than that earned from selling the Plaintiff’s products.
Overall, the temporary restraining order is challenging because it puts pressure on sellers. To relieve that pressure and devise a game plan, speak with our team at Stockman & Poropat, PLLC!
Here, we’d like to provide readers and affected sellers with a little more information on the why behind the restraining order. What makes this sort of trademark infringement case distinct is that it’s a “Schedule A” lawsuit. Meaning exactly what?! This style of lawsuit reflects a certain need on the part of the Plaintiiff. Crye Precision’s desire is to stop or slow down the amount of counterfeit goods being sold online. Is this lawsuit going to stop all those who intend to offer unauthorized Crye goods to consumers? Likely not, given the expansiveness of the e-commerce universe. However, the restraining order can have a genuine impact, thus, the Plaintiff filed suit.
Crye Precision Trademark Action | Temporary Restraining Order
To those it may interest, a certain detail remains key with this Crye Precision trademark action. That is, the allegations and the lawsuit mean that all of the named sellers will be hit by the temporary restraining order. Though the allegations haven’t lead to proof in any way, the claims of counterfeiting are still powerful. Because Crye Precision filed the allegations in a federal lawsuit context, the court is going to take the matter absolutely seriously. Essentially, the Plaintiff wants to prohibit the sellers they’ve identified from offering consumers products they say are infringing. For this reason alone, hiring your own intellectual property attorney is a sensible decision!
Working with one of our attorneys will benefit you because the legal solution your business needs is unique. The allegations and the lawsuit itself are going to broadly affect all of the Defendants, due to the injunction. However, the legal strategy required and the legal action that needs to be taken will be up to you, the individual seller. We mentioned pressure… Some sellers receive notice of such trademark infringement lawsuits and then crumble under that pressure. The most typically example of that can be seen in direct settlements. Multi-million or -billion dollar brands suing you is no small thing! The average direct settlement percentage is around 60%, so you could be forfeiting half of money.
Crye Precision’s Trademark Infringement Allegations
The core of Crye Precision’s infringement allegations is built upon the foundational claim that the Defendants are a counterfeit network. The Plaintiff is attempting to establish that the named sellers all know and communicate with one another. According to Crye, the Defendants have worked together to actively offer unauthorized products to consumers in the United States. Again, the truth of these claims has not yet been proven to any degree, but the allegations themselves still have impact. Whether these allegations are being thrown around with any sort of accuracy is another matter, too. Some sellers, sure, may have either knowingly or otherwise engaged in selling counterfeit goods. While others, the claims of infringement may have no merit whatsoever. The legal resolution is going to differ from seller to seller!
Stockman & Poropat, PLLC is the Law Firm for Online Sellers
Below we’ll share some selections from the legal complaint itself. This newest Crye Precision trademark infringement action contains allegations similar to many other like cases. The named sellers in this instance, though, will still be affected and should take legal action of their own:
Third party service providers like those used by Defendants do not adequately subject new sellers to verification and confirmation of their identities, allowing counterfeiters to “routinely use false or inaccurate names and addresses when registering with these e-commerceplatforms.”Counterfeiters hedge against the risk of being caught and having their websites taken down from an e-commerce platform by preemptively establishing multiple virtual store-fronts.
Plaintiff has not licensed or authorized Defendants to use any of the CRYE PRECISION Trademarks or copy or distribute the Crye Precision Copyrighted Works, and none of the Defendants are authorized retailers of genuine Crye Precision Products.
Defendants also deceive unknowing consumers by using the CRYE PRECISION 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 Crye Precision Products.
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Up next you can read about how Nike Sued Online Sellers For Their Allegedly Unlawful Activity as a Network.
