Online Sellers Sued For Infringement | DreamWorks Trademark and Copyright Lawsuit
A new DreamWorks trademark and copyright infringement action has been filed in federal court! The sellers identified as the Defendants in this case will have to address the lawsuit, so as not to face additional issues and/or penalties. What’s DreamWorks claiming these online sellers did? The Plaintiff alleges that a group of interrelated e-commerce entities worked together to sell counterfeit Shrek, Trolls, and How To Train Your Dragon products to consumers.
A Snapshot of DreamWorks’ Allegations of Infringement…
Before we go any further, let’s review a selection of the infringement allegations, as seen in the legal complaint. Also, if you wish to download the legal complaint, you may do so at the bottom of this page. By reading through the complaint, sellers can get a full understanding of the allegations, as described by DreamWorks. Our firm encourages the Defendants to read the complaint, so they’re informed and can ask relevant questions:
This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered DreamWorks Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The DreamWorks Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from DreamWorks Products offered, sold, or marketed under the DreamWorks Trademarks.
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 also deceive unknowing consumers by using the DreamWorks 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 DreamWorks Products.
Sued by DreamWorks? Contact Stockman & Poropat, PLLC
Just because you’re getting sued by DreamWorks for infringement, does that mean you’re required to have your own attorney? Well, not in the strict sense, no. You can elect to work with an attorney or not, it’s your choice and decision as an e-commerce operator. You may want to very seriously consider working with an intellectual property law firm, such as Stockman & Poropat, PLLC, because it will ultimately save you money! And that’s what we’re all about at our firm – saving our clients time, money, and headaches.
Sure, you can attempt to reach a direct settlement with DreamWorks over these counterfeit allegations. You may even be successful in those negotiations, all things considered. It stands to reason, however, that direct settlements won’t likely work out in the Defendants’ favor, according to reported trends. Stockman & Poropat, PLLC doesn’t want to see any seller lose money, which is why we’ll do everything in our power to advocate for you.
What’re sellers going to have to deal with due to the filing of this DreamWorks trademark and copyright lawsuit? A temporary restraining order that will freeze their seller accounts. Simply, you’ll be prevented from touching the earnings generated from the sale of DreamWorks protected products. In some instances, the injunction may even be applied to earnings other than from DreamWorks goods, as well. Overall, this restraining order can truly disrupt an online seller’s operation. That’s because you’ll be blocked from accessing needed funds for operations and/or growth. Unfortunately, though nothing has yet been proven and the claims are only allegations, the court will still approve of the restraining order. The seriousness of the allegations and the context for the Plaintiff’s filing is enough for the court to deem the restraining order appropriate.
How to Respond to the DreamWorks Allegations of IP Infringement
The reason DreamWorks wants a restraining order is because they allege that the sellers’ actions have harmed their business. The Plaintiff claims that the sellers’ collective action as a potential “network” of counterfeiters has cost the brand revenue and damaged their reputation. To stop any more damage from occurring, DreamWorks filed the lawsuit and is now seeking the injunction. To reiterate, none of the allegations have yet been proven true, but regardless, sellers will be impacted. When you work with Stockman & Poropat, PLLC, our team will clarify everything that pertains to your business operation, so that you aren’t paying the price for actions you didn’t engage in.
Stockman & Poropat, PLLC is an intellectual property law firm that takes our work seriously. At the same time, our team is spearheaded by fun-loving and approachable attorneys! We don’t want any of our clients to feel intimidated by the DreamWorks lawsuit or any other legal matter. Actually, we encourage our clients to inquire about whatever it is they feel is relevant. Our firm fosters an open line of communication with our clientele, so that we can keep you informed and field your questions as needed, with ease. It’s super important to us that our clients feel equipped and confident. To achieve that, we’ll develop a tailor-made legal strategy for you and your e-commerce operation!
Provide a Response to the DreamWorks Trademark and Copyright Infringement Lawsuit
We do want to note that all named sellers in this DreamWorks trademark and copyright infringement suit, as listed on the case’s “Schedule A,” should provide a response to the court. If any of the Defendants fail to respond, they could be looking at a further step, known as a Default Judgment. It’s possible that a Default Judgment may award the entire amount of money in your frozen accounts to the Plaintiff! Rather than have that happen, rather needlessly, we strongly suggest the Defendants just respond. Stockman & Poropat, PLLC is a firm that has aided online sellers throughout the world. Our team possesses a unique amount of experience in the nuanced and ever-changing landscape that is online sales and intellectual property, and we’re ready to help YOU!
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Next up we’re talking about how Universal City Studios Sued Online Sellers After Identifying the Defendants as a “Counterfeit Network.”
