Online Sellers Sued by Pit Viper for Infringement

Pit Viper, the very popular sunglass, eyewear, and apparel brand, has filed a lawsuit to combat trademark infringement. This is at least the second such lawsuit the Plaintiff has filed this year. Back in January, the company also sued online sellers for counterfeit, which you can read about here. This case has very similar components, with regard to the allegations of trademark infringement. Let’s talk about what the newest Pit Viper trademark infringement case means for the affected online sellers. 

You’re not going to want to wait to take action once you’ve received notice of the lawsuit! The impact of the Pit Viper suit on your account could cost you crucial financial resources. What’s the most effective way to reduce the negative effect on your business? Retain an attorney today! You’ll absolutely benefit from having an experienced lawyer who can offer the necessary guidance to navigate the lawsuit with relative ease. If any of the allegations made against you and your business aren’t accurate or true, your attorney can also help with clearing that up. Finally, if you should be interested to settle with the Plaintiff, your attorney’s negotiating powers will be invaluable! 

Pit Viper Schedule A Counterfeit Lawsuit

To provide further clarity, let’s address what this lawsuit is and how it works. As a “Schedule A” lawsuit, Pit Viper gives themselves the ability to sue many sellers at the same time. By alleging that a whole group of counterfeiters have infringed on their intellectual property, the Plaintiff has the advantage. They claim that the sellers sold counterfeit goods to customers in the US, true or not, and then put pressure on those sellers to settle. What you may not know, however, is that settlements in these infringement cases (Schedule A) more often than not leaves sellers in the lurch. Settlements reached directly with Plaintiffs on average leave sellers with just over half their frozen money. 

What do we mean by frozen money? The brands who file these lawsuits usually get the court to approve what’s called a temporary restraining order (TRO). Once the restraining order is in play, the seller accounts of all of the accused Defendants will be frozen. You won’t be able to access your accounts or the money in them! Ostensibly, Pit Viper wants to put a hold on the so-described rampant infringement that has been ongoing. Is the Plaintiff concerned about how the sellers will continue doing business after the TRO is implemented? No, of course not! It’s up to each business to figure out how they’ll remedy this situation. For these reasons, you’ll want to retain an intellectual property attorney. 

Respond to the Pit Viper Infringement Lawsuit!

How do you proceed after you’ve been notified of the Pit Viper infringement suit? Respond to the lawsuit itself! That’s so important. The lawsuit will not just go away on its own. It’s definitely a real legal issue and you must respond. If any of the sellers accused of counterfeiting ignore the lawsuit, they may then face a Default Judgment. That’s an outcome you don’t want to learn about! It’s really tough to overturn and it will cost your business more money than you’ve already lost due to the restraining order. 

Pit Viper is suing online sellers because the company believes that the alleged counterfeiting that took place has damaged their brand. They have robust means and are going to try and recoup as much of their losses as possible. While the Defendants’ businesses may be suffering from the restraining order, the time to act is now! Better to invest in an attorney today and respond to the lawsuit right the first time, than try it yourself, do it wrong, and then have to pay for an attorney later. 

Allegations of Infringement | What Pit Viper Claims…

Here, we’ll take a closer look at the allegations detailed in the legal complaint tied to the lawsuit:

Defendants have sold, offered to sell, marketed, distributed, and advertised, and are still selling, offering to sell, marketing, distributing, and advertising products using counterfeit reproductions of the PIT VIPER Trademarks without Pit Viper’s permission. 

Pit Viper is the exclusive owner of the PIT VIPER Trademarks. Pit Viper’s United States Registrations for the PIT VIPER Trademarks (Exhibit 1) are in full force and effect. On information and belief, Defendants have knowledge of Pit Viper’s rights in the PIT VIPER Trademarks and are willfully infringing and intentionally using counterfeits of the PIT VIPER Trademarks. Defendants’ willful, intentional, and unauthorized use of the PIT VIPER Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the Counterfeit Pit Viper Products among the general public.

Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Pit Viper Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Pit Viper, have jointly and severally, knowingly and willfully used and continue to use the PIT VIPER Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Pit Viper Products into the United States and Illinois over the Internet.

E-commerce store operators like Defendants are in constant communication with each other and regularly participate in QQ.com chat rooms and through websites such as sellerdefense.cn and kuajingvs.com regarding tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits. 

Make the Process Less Stressful, Hire Legal Counsel!

We know dealing with a trademark infringement lawsuit is stressful. It can definitely be a drain on you and your business. What if you have the proper legal counsel? The process of responding, negotiating, and unfreezing your account can be much less stressful! 

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 Harley-Davidson Trademark Lawsuit.