Monster Energy Trademark & Copyright Lawsuit
Stockman & Poropat, PLLC has developed effective solutions for many online sellers who have been hit with Temporary Restraining Orders (TRO) as part of infringement lawsuits. We know your money is hard earned and respect that your time is incredibly valuable. Our aim is to protect your business. When major brands file Schedule A lawsuits against e-commerce operators, the results can sometimes be very disruptive.
Recently, the Monster Energy Company has filed such a Schedule A lawsuit in Illinois. The company has claimed that a long list of Defendants have engaged in trademark and copyright infringement. Monster – like many other big brands – aims to scare you off. They consider this style of lawsuit the best in terms of casting the widest net possible. Sure, some of the sellers named in the suit have actually sold counterfeit versions of Monster’s products. A selection of the Defendants have truly infringed on the brand’s trademarks and copyrights. But not all! In fact, companies like Monster go forward with Schedule A lawsuits so that they can combat what they perceive to be a counterfeit network. Your exact business operation may not have sold counterfeit goods.
Online Sellers Sued by Monster Energy
Monster expects that online sellers like you will not have the legal knowledge, money, or time to fight back. However, if you can, we urge you to take legal action! First of all, you should respond to the lawsuit. It will probably not be the best decision to just walk away. Why is that? Well, when you walk away, the money that is frozen in your seller account due to the restraining order will be awarded to the Plaintiff. We do not want that to happen to you! You and your business earned that money. Why should you willingly just forfeit it over to Monster just because they claim you sold unauthorized goods. We can fight for your right to continue your business operation, legally, and make sure you keep as much of your money as possible.
Again, it is definitely a good idea to provide a response to the court. That way, you’ll avoid absorbing a complete loss. That’s not good for business! You’ve sold Monster products to customers in the United States. Ok, so what’s the problem? We want to help you figure that out. According to Monster, if you’re a Defendant, you have sold these infringing goods knowingly. Is that actually the case? It may not be! You’ll need to respond, regardless of the truth of the allegations, in order to avoid a Default Judgment. That kind of judgment will require that you pay damages that can add up to potentially a lot of money.
Should I Reach a Settlement? | Schedule A Lawsuit
Sellers in these kinds of cases sometimes want to just settle with the brand that is suing them. You can certainly do that. Online sellers should know, most settlements in Schedule A lawsuits hover around 60% of the total amount of money in their frozen account. The remaining amount will go to Monster. If you are satisfied with keeping 60% of your money, even if you’ve done nothing wrong, go for it. Our team can likely work out a settlement that exceeds that average percentage. Which is why taking legal action of your own in response to the claims of infringement can prove worthwhile!
The products in question were sold on platforms like Amazon, eBay, AliExpress, Wish.com, Etsy, and Temu, among others. We have seen this type of case time and again. Every single time, companies like Monster wage grandiose allegations regarding the actions of the Defendants. The claims range from sellers acting in orchestrated concert to defraud consumers, sellers want to intentionally confuse consumers so they buy unauthorized products, and sellers use off-shore accounts to avoid responsibility. The allegations in each legal complaint are nearly identical – the complaints themselves are essentially templates. The difference between each one can be seen in the particular products and the brand that has filed the lawsuit. These similarities among the very popular Schedule A lawsuits does not take away from their negative impact. Online sellers, no matter the templated nature of the claims, are affected in a real-world sense. That’s where we come in to help!
Stockman & Poropat, PLLC Wants to Help You!
Our team at Stockman & Poropat, PLLC will take the opportunity to learn about your business operation in full detail. Contact us today for a free consultation! Once we have the specific information, we can tailor a legal strategy that works for you. We want to solve this issue as quickly and painlessly as we can, so that you can return to selling goods and making money. We look forward to helping your business get back on track!
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Up next we will be discussing the Fear of God Infringement Lawsuit.
