Have you sold Poppy Playtime products online? That may be the reason why you were recently named as a Defendant in a lawsuit filed by Enchanted Mob Inc and Mob Entertainment, Inc.
Poppy Playtime Copyright Lawsuit. Case No. 23-cv-02642
Let us break down the details of the suit. That way, you may fully comprehend the allegations, which have likely already resulted in a Temporary Restraining Order (TRO). The TRO, as you may know, affects your ability to operate your e-commerce business. Main point: you are losing money because of this legal hiccup. Knowing how to act at this juncture will be the pathway to resuming business as usual.
We want to emphasize two things at the outset:
- Do not stress out!
- No guilt has been proven.
Copyright Infringment: 23-cv-02642
For sure, lawsuits can be stressful, but in our experience, they are somewhat of a common occurrence in the e-commerce sphere these days. If you would, approach the matter as an opportunity to equip yourself with the intelligence to tackle this TRO. We hope it is the last time you will have to deal with such discomfort, but it may not be. And, the claims relayed in the notice are just that, claims. No one has decided you are guilty of counterfeiting.
That being said, because you have been named in the lawsuit, we urge you to RESPOND TO THE NOTICE. A failure to respond could give way to a Default Judgment. A Default Judgment against your business means that you are guilty. So do not ignore the lawsuit! This is one of the easiest missteps to circumvent. All you have to do is respond. Our firm is on standby to expertly guide you through that process.
Poppy Playtime Copyright Claims
Poppy Playtime Copyright Infringement.
The primary contention of the lawsuit is that you and/or other e-commerce businesses have sold copyright infringing Poppy Playtime goods. By doing so on Amazon, Walmart, Etsy, DHgate, Wish.com, Alibaba, AliExpress, and eBay, you have allegedly engaged in counterfeiting. The brand-copyrighted designs noted include Huggy Wuggy, Mommy Long Legs, Poppy, Kissy Missy, and Killy Willy products.
Correspondingly, online sellers offering these “counterfeit” wares to customers in the United States, “routinely use false or inaccurate names and addresses when registering with these e-commerce platforms.” According to the copyright holders, it is your intention to create “multiple virtual store-fronts” with unauthorized branding imagery so as to disguise your true identity and actively fool consumers into purchasing fake Poppy Playtime toys etc.
Accused of Infringement? Seek Legal Counsel
Among other claims made against you are that you “operate under multiple seller aliases and payment accounts” to escape enforcement. Also, that you and the Defendants “move funds from [your] financial accounts to offshore accounts outside the jurisdiction of this Court to avoid payment of any monetary judgment awarded” to the brand. Evidently, the owners of Poppy Playtime believe you use kuajingvs.com, sellerdefense.cn, kaidianyo.com, and QQ.com to hash out, “tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits.”
Poppy Playtime Sues Online Sellers
Poppy Playtime Copyright Lawsuit. In like fashion, the brand says you are consciously abusing “lax intellectual property enforcement systems” in China or virtually anywhere else on the planet by selling unauthorized products.
We would like to note that one important thing has not been written into the lawsuit: the truth of your actual, real-world participation in all of the described activities of operation. The accuracy and relevance of the claims remains to be seen. Once we discuss the particulars of your e-commerce business dealings as they relate to the Poppy Playtime brand, we can create a strategy of response that is appropriate and effective.
Intellectual Property Attorneys Can Help
With our tactful team of intellectual property attorneys at the helm, your online business will be steered in the right direction toward long-lasting success. Stockman & Poropat, PLLC has resolved many e-commerce scenarios just like the one you are in right now. Our international clientele have utilized our tried and true services because we know what works. Contact us! Let’s discuss the details, the consultation is free! We trust this content was useful!
For additional information on Copyright Registration, Protection and Enforcement click here.
See below for a link to the complaint itself ⚖️
Up next we will be discussing the Harry Styles Trademark Lawsuit.
