Peanuts Worldwide Sues Online Sellers | Allegations of Trademark Infringent

Peanuts Worldwide has filed a federal lawsuit to stop e-commerce sellers from offering counterfeit products! Do the named sellers have to respond to the court and/or the lawsuit? Is it optional? Not really! The need to provide a response is crucial in terms of Schedule A infringement lawsuits. Unfortunately, ignoring the lawsuit, willfully or not, won’t make the situation go away. Even if you disagree with the allegations, provide a response to avoid a Default Judgment and further complications.

See, the biggest disruption that accompanies these trademark lawsuits is the temporary restraining order. Peanuts is going to have the court approve of a temporary injunction. It will affect the Defendants’ online selling accounts. That is, the TRO will render the funds in seller accounts temporarily frozen. Will you be able to withdraw or otherwise access the money? You won’t, for a period. The Plaintiff intends to stop any additional sales of counterfeit Peanuts goods, so that’s the reason for the restraining order. It usually only impacts the money earned from the sale of a given Plaintiff’s products, but could also affect other money!

What Are My Options as a Defendant in the Peanuts Trademark Lawsuit?

Are you considering your options as a Defendant? Should you choose to work with an attorney or try to resolve the matter with Peanuts on your own? It’s always a good idea to look into all avenues when addressing an issue like this. Of course, any of the Defendants may attempt to directly settle with Peanuts Worldwide. But, getting a fair and reasonable outcome may prove difficult. This is because the average direct settlement in a Schedule A trademark infringement case results in sellers getting just 60% of their frozen money. At Stockman & Poropat, PLLC, we’ll seek to get you the most robust outcome available because we don’t just settle for whatever is average!

How to Deal With the Peanuts Worldwide Temporary Restraining Order…

What can be specifically frustrating about trademark lawsuits is that nothing has yet been proven. Meanwhile, the sellers being sued are losing money while the court figures it out. Why should an e-commerce operator who didn’t do what Peanuts says they did be punished by way of a temporary restraining order etc? Peanuts Worldwide states the amount of counterfeit sales made by the Defendants, collectively, have harmed their brand and bank account. That’s the Plaintiff’s belief and forms the basis for the trademark infringement allegations. Our team at Stockman & Poropat, PLLC can help you illuminate the precise details of your operation for the court. So if you’re interested in clearing your name, reaching a settlement, negotiating, and more, our team can facilitate!

Until the court determines the accuracy of Peanuts’ allegations of trademark infringement, the claims are yet to be proven. Now, Peanuts has sued the Defendants in totality – that’s what the “Schedule A” refers to. The Plaintiff alleges that the named sellers acted to sell counterfeit goods as a network. Peanuts says the Defendants communicated with each other and shared their tactics for evading enforcement, as well. Surely not all of the Defendants are in equal measure guilty of what Peanuts claims. Some sellers named may not be guilty at all! It truly depends on the individual business practices of each seller. And that’s what Stockman & Poropat, PLLC can do for you! We can identify what it is you did and didn’t do, then present that to the Plaintiff’s legal team to clear you or work on a solid resolution. Hire Stockman & Poropat, PLLC and protect your e-commerce operation!

Hire Stockman & Poropat, PLLC | Protect Your E-Commerce Operation!

To broaden the context of the latest Peanuts lawsuit, we’ll share a few excerpts from the legal complaint tied to the case:

This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered PEANUTS Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The PEANUTS Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from Peanuts Products offered, sold, or marketed under the PEANUTS Trademarks.

Plaintiff is the exclusive owner of the PEANUTS Trademarks. Plaintiff’s United States Registrations for the PEANUTS Trademarks [] are in full force and effect. On information and belief, Defendants have knowledge of Plaintiff’s rights in the PEANUTS Trademarks, and are willfully infringing and intentionally using counterfeits of the PEANUTS Trademarks.

Defendants are working to knowingly and willfully import, distribute, offer for sale, and sell Unauthorized Peanuts Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Plaintiff, have knowingly and willfully used and continue to use PEANUTS Trademarks and/or copies of Peanuts Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Peanuts 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 newest Marc Jacobs Trademark Infringement Action.