Infringement Lawsuit Filed by Fear of God
Were you named in the Schedule A trademark infringement lawsuit filed by Fear of God? If you’re a Defendant in the lawsuit, you may have sold Fear of God brand goods online. Either on Walmart.com, Etsy, Alibaba, AliExpress, eBay, Amazon, Wish.com, or DHgate. As noted in many other such counterfeit suits, the brand claims e-commerce operators mainly in China, but also other locations, have sold unauthorized goods. As a recipient of the complaint associated with the lawsuit, you might’ve read through the document. Its contents are extremely similar to the other Schedule A cases we’ve covered on our blog in the past. Now, just what are these claims?
The allegations that are detailed in the legal complaint are virtually identical to the other Schedule A lawsuits filed in Illinois. The claims made by Fear of God are essentially based on a template used by the attorneys the brand is working with… Online sellers in China and elsewhere are working together as a network to actively purvey counterfeit goods to consumers in the United States. Also, the Defendants are deliberately fooling those consumers into believing the products they’ve bought are real, when they are actually fake. The confusion, per the lawsuit, is intentional. The alleged counterfeiters – the named sellers – aim to generate that confusion so as to benefit from sale of unauthorized goods that are not authentic. That, according to Fear of God, constitutes trademark infringement. Several actions were taken by the Defendants, so says the brand, to avoid responsibility for engaging in these infringing tactics.
Schedule A Trademark Infringement Suit | Fear of God
What in the world of online selling is a Schedule A lawsuit? Simple. It’s a method of filing a lawsuit that gives brands like Fear of God the ability to sue a big batch of alleged counterfeiters at once. This is in contrast to spending time and money on filing lawsuits against each seller individually. It’s an advantageous strategy. Are the claims made by Fear of God – or any other brand filing a Schedule A lawsuit – based on truth? Well, the complaint uses the phrase “on information and belief.” So, the details of the claims are allegations. The truth or accuracy has yet to be proven. Nevertheless, the impact of the lawsuit can be very damaging to e-commerce businesses. And, that’s regardless of whether or not a given affected online seller genuinely did infringe on Fear of God’s trademarks.
In many instances, sellers who are accused of infringement seek a settlement with the brand suing them. Reports say that most of the settlements reached between Defendants and Plaintiffs in Schedule A suits land at around 60% of the entire amount in their seller accounts. We should add, when these lawsuits are filed, what typically occurs is that a Temporary Restraining Order (TRO) is approved by the court. That means, any money a named seller earned from selling Fear of God products (in this case) will be frozen. You won’t be able to touch it. Which is absolutely frustrating!
Accepting a Settlement vs Taking Legal Action
Are you only entitled to 60% of your money? We don’t believe so! The sad fact is, if you reach a settlement with a company that sued you for trademark infringement, the remainder of your money goes to the brand. That’s another advantage of the Schedule A lawsuit – for big brands, not sellers. If you take legal action on your own, you can keep more of your money! That’s where Stockman & Poropat, PLLC comes in. We may be able to work out a deal on your behalf that results in a more fair resolution.
Overwhelmingly, we urge anyone who has been accused of infringement to submit a response to the court. If you don’t respond to the court, you’ll be taking an unredeemable loss. There’s very little reason to ever just abandon the issue. Your business is yours and so is your money. You earned it! You should keep as much of that money as possible. The allegations made against your business may or may not be true. If you sold infringing goods, you might not even be aware of it. Whatever the actual details of your e-commerce operation, you will benefit by responding and therefore avoiding a Default Judgment. You will not be a happy camper if the court requires you to pay costly damages to Fear of God just because you decided to ignore the existence of the lawsuit. Respond, please!!!
How to Respond to the Infringement Lawsuit Filed by Fear of God
Big brands like Fear of God use Schedule A lawsuits to intimidate, as well. Sellers who are based in China might not know what to do, how much legal action will cost, if they can afford it, or if it’s worth it. Yes, it costs money to take legal action to reach a resolution that’s more favorable than a settlement. However, the cost is typically worthwhile. It potentially clears your business operation of any alleged wrongdoing. And, it allows you to continue selling your products without further restraining order complications. Doesn’t that sound awesome! Keep your money and your ability to sell the products you choose by responding to the court and utilizing the help of an intellectual property attorney!
Our team at Stockman & Poropat, PLLC can help you if you’ve been accused of trademark infringement. Contact us today for a free consultation!
Download the legal complaint below:
Up next we will be discussing the Pit Viper Trademark Infringement case.
