Schedule A Infringement Lawsuit | Hallmark’s Latest IP Action
The widely known greeting card company Hallmark has filed another intellectual property infringement lawsuit! Are you unsure of the first step you ought to take as one of the sellers being sued? Before you take any other action, you should consult with our attorneys at Stockman & Poropat, PLLC.
Why is working with an attorney so important for navigating this newest Hallmark infringement action? Principally, because sellers who choose to not use the services of a lawyer may likely end up losing more of their money! We’ll dive into the subject with more detail below. But essentially the average direct settlement between a Defendant and Plaintiff in these lawsuits provides a less-than-desirable resolution.
These Schedule A IP infringement cases almost all involve brands getting the court to approve temporary restraining orders. And when that happens, the money in online seller accounts gets frozen. If you’re an e-commerce operator who is affected by the Hallmark suit, the money in your accounts will be tied up due to this action. Are you keen on getting to keep more than 60% of that money? Consult with our team at Stockman & Poropat, PLLC! The investment in legal counsel at the outset of this trademark and copyright lawsuit may save you much-needed capital in the long run. And, it’s the passion of our law firm to provide our clients with a superior level of service in this particular area. Because we know just how frustrating it can be for online sellers.
Why is Hallmark Filing a Trademark and Copyright Lawsuit?
What possessed Hallmark to file this trademark and copyright lawsuit against online sellers? The reason behind the filing of the suit and the accompanying restraining order? It’s due to alleged sales of counterfeit goods. These unauthorized product sales, says Hallmark, have cost the brand money. And, hurt their reputation as a world-class greeting card company. As seen in a large number of other Schedule A infringement cases, the Plaintiff has identified a “network” of counterfeiters. The allegation is that the Defendants, as a whole, have worked collectively to sell counterfeit products. Per Hallmark, the sellers have traded information and tactics to ensure they can continue to get away with selling unauthorized goods. Which is why the temporary restraining order will be approved. The Plaintiff is aiming to stop these sales from happening further.
When you retain legal counsel with us at Stockman & Poropat, PLLC, we’ll work to protect your e-commerce business. The temporary injunction that places a freeze on your seller accounts can disrupt your business beyond this lawsuit. If an online seller is prevented from accessing their funds, that could place their operation in a difficult position. Hallmark is a gargantuan company with virtually endless resources – the Defendants probably don’t have the same resources. However, the named sellers do have the right to defend their business with legal counsel!
Online Sellers Sued For Acting as a Counterfeit Network
When we refer to the Hallmark infringement action as “Schedule A,” we mean that the sellers are being sued in effect as a whole. It’s the Plaintiff’s contention that the alleged network of counterfeiters have acted together, rather than independently. Because of this, the allegations will impact all of the Defendants by way of the restraining order. But, that doesn’t necessarily equate to every single seller having to address the same level of legal liability regarding the claims. Your e-commerce business is unique in its practices. So having an attorney to illuminate the details of your business will be incredibly helpful! Not to mention, a lawyer can much more effectively negotiate with the Plaintiff to get you a fair outcome.
In terms of addressing and responding to the Hallmark lawsuit, you really must! If the lawsuit isn’t addressed in a formal manner with a response, the court can issue a Default Judgment. And, if Hallmark gets the court to do just that, sellers will have to pay damages to the Plaintiff. This can be very costly, and, if you’re wondering if a Default Judgment can be overturned – the answer is: not that easily, if at all. A response is a fundamental necessity if you wish to deal with the Hallmark lawsuit in the proper way. Need help with the response? Stockman & Poropat, PLLC is here for you!
The Allegations of Counterfeit | Hallmark Trademark and Copyright Lawsuit
To provide a bit of context regarding the trademark and copyright allegations, we’ll share a few excerpts from this latest Hallmark lawsuit:
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. Hallmark has not licensed or authorized Defendants to use any of its HALLMARK Trademarks or copy or distribute the Hallmark Copyrighted Works, and none of the Defendants are authorized retailers of genuine Hallmark Products.
Defendants also deceive unknowing consumers by using the HALLMARK 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 Hallmark Products. Other e-commerce stores operating under Seller Aliases omit using the HALLMARK 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 Hallmark Products.
Defendants, without any authorization or license from Hallmark, have knowingly and willfully used and continue to use the HALLMARK Trademarks and/or Hallmark Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Products into the United States and Illinois over the internet.
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 latest Supreme Brand IP Infringement Lawsuit.
