Federal Schedule A Lawsuit | Liverpool Football Club Sues Sellers

We’re here to tell you that the Liverpool Football Club (LFC) has filed a trademark lawsuit in federal court! Specifically, online sellers have been accused of offering counterfeit goods to consumers in the United States. What’s more, the Plaintiff alleges that the sellers, listed on the lawsuit’s Schedule A, have worked together to accomplish this infringement. Is that necessarily true just because it’s what Liverpool Football Club claims? Perhaps not, depending on the individual seller’s actions. What are the named sellers supposed to do now that they’re being sued? 

Before anything, sellers ought to try and absorb the gravity and reality of this legal situation. This is a federal infringement lawsuit filed by a major brand against e-commerce operators. Who the David is and who the Goliath is may be fairly clear. Considering all of that, as a named seller, take time to read the legal complaint in order to understand the allegations of trademark infringement.

Online Sellers Sued by Liverpool Football Club

Here follows several excerpts of Liverpool Football Club’s claims of counterfeit: 

By using the LFC Trademarks in connection with the sale of Counterfeit Products, Defendants create a false designation of origin and a misleading representation of fact as to the origin and sponsorship of the Counterfeit Products.

Defendants’ false designation of origin and misrepresentation of fact as to the origin and/or sponsorship of the Counterfeit Products to the general public involves the use of counterfeit marks and is a willful violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125. 

Plaintiff is the exclusive owner of the LFC Trademarks. Plaintiff’s United States Registrations for the LFC Trademarks [] are in full force and effect. On information and belief, Defendants have knowledge of Plaintiff’s rights in the LFC Trademarks and are willfully infringing and intentionally using counterfeits of the LFC Trademarks. Defendants’ willful, intentional, and unauthorized use of the LFC Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the Counterfeit Products among the general public. 

Defendants, without any authorization or license from Plaintiff, have jointly and severally, knowingly and willfully used and continue to use the LFC Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Products into the United States and Illinois over the Internet. 

What Happens Now That You’re Being Sued?

It may come as no surprise that some sellers might be afraid of what may happen now that LFC is suing them. Are you going to lose all the money you earned from selling Liverpool Football Club products? If you don’t take the appropriate level of action, will there be even more legal trouble? But even if you’re an online seller in China or anywhere outside the US, there’s little reason to be fearful. Intellectual property attorneys exist to step in at this very moment! If you work with our team, we can strategize and negotiate for you so that you don’t lose your money. And, we’ll employ our experiential knowledge of this particular area of law to develop a tailor-made resolution for your business. 

Don’t ignore the Liverpool Football Club trademark lawsuit! That’s the type of move that could land you and your business in an even trickier spot. What we mean by that is it could result in the court issuing a Default Judgment against you. When that takes place, the decision is often tough to overturn and can be an expensive ordeal to address. In Schedule A infringement lawsuits, the Defendants should respond to the court. If you aren’t knowledgeable on how to write and/or submit that response, that’s ok! Our team of attorneys can absolutely work with you on that response. 

The Question of Settlements, Negotiations, and Resolutions

Another inquiry or concern that arises with federal counterfeit lawsuits is settlements. Sellers are in a position to try and negotiate directly with the Plaintiff, if they want. Now, while that sort of choice could prove expeditious, it might not allow sellers to keep the most amount of their money. See, when Liverpool Football Club filed the lawsuit, they intended to get a temporary restraining order approved. That restraining order, once approved and in effect, will freeze sellers’ online accounts. And the money in those accounts? You won’t have access to it. Therefore, when LFC is in negotiations with sellers directly, settlements are usually for around 60% of the money in your frozen account. That’s why you may want to work with our attorneys, because we want you to keep more than half of your hard-earned money! 

When Liverpool Football Club gets the restraining order approved, you’ll have to respond to have that lifted from your account. To ignore the lawsuit is to risk having all of the money in your frozen account awarded to the Plaintiff. And sure, the LFC claims of trademark infringement are simply that: claims. Nothing has been proven, none of the sellers are inherently guilty. The allegations are impactful on their own, though. This isn’t the sort of legal scenario that will resolve itself. And, if you’re a Defendant and you’re worried about getting a fair outcome, you’ll do best to achieve that with the guidance of an intellectual property attorney. 

Contact our team at Stockman & Poropat, PLLC today for a free consultation!

Download the legal complaint below:

Up next we will be discussing the latest Crye Precision Trademark Infringement Lawsuit.