Online Sellers Sued by Ralph Lauren
So, you’re being sued by Ralph Lauren for trademark and copyright infringement. What are you supposed to do? How should you act now that you’ve been notified that you’re a Defendant in this counterfeit lawsuit? Perhaps the most sensible decision you can make is to hire an intellectual property attorney!
Whether you and your business are in China or elsewhere, you’ll likely find that an experienced attorney can dramatically help you in this situation. It’s possible that the Ralph Lauren trademark and copyright lawsuit may have scared you. You could be asking, “What did I do wrong?” Getting intimidated isn’t out of the ordinary. At the same time, it’s not a necessity! Understanding the legal realm is explicitly part of a lawyer’s function. You are entitled to hire your own legal counsel, if you choose. For starters, your attorney can respond to the lawsuit for you. Providing a response is definitely something you’ll want to do. If the court doesn’t receive a response, they could issue a Default Judgment. And, if you firmly believe that the allegations of infringement are inaccurate, your lawyer can work to establish your innocence.
Online Sellers Should Consider Their Options
Online sellers have the right to be aggravated when they get sued for alleged counterfeiting. This Ralph Lauren infringement lawsuit will likely disrupt your business operation. In conjunction, the suit could cost you a decent amount of your resources. Additionally, the quality of service your customers have come to expect may decline. You can’t afford to not take action! It’s of great importance that you respond to the court and work towards a resolution as quickly as you can. The longer the disruption continues, the bigger the potential loss you may have to absorb. Having an attorney to work on your behalf will be an asset.
The Ralph Lauren trademark and copyright lawsuit is a Schedule A case. In short, the Plaintiff is suing multiple e-commerce sellers in one action. Ralph Lauren will seek to get the court to approve a temporary restraining order (TRO). When that’s set in motion, all of the Defendants’ seller accounts will be frozen. You won’t have access to your accounts or the money in them. Most of the time the restraining order freezes the money earned from selling the allegedly counterfeit products.
How to Navigate the Ralph Lauren Infringement Lawsuit
The Plaintiff will use the restraining order as a platform to then engage in negotiations of direct settlements. Ralph Lauren wants to recoup as much of the loss they’ve incurred as they can. According to the Plaintiff, their brand has been damaged because of the illegal conduct of the named online sellers. To stop any further counterfeiting from happening, they’ll seek to get the restraining order. And, when they settle directly with the sellers, Ralph Lauren will attempt to negotiate settlement amounts that work in their favor, not yours.
A seller accused of selling trademark and copyright infringing Ralph Lauren products is permitted to settle directly with the brand. That’s definitely a choice any of the Defendants can make, if they wish. What you ought to know about direct settlements is that they frequently leave sellers with only about half of their frozen money! Do you want to forfeit half of the money your business earned just because of Ralph Lauren’s allegations of counterfeit? If not, hire an intellectual property attorney now!
Whatever the truth is, the allegations made by Ralph Lauren will affect the Defendants in a real-world sense. The lawsuit will not just go away on its own. Sellers have to respond to the county, negotiate a resolution, and make several critical decisions to move on with their business. Ralph Lauren is a huge, global company with a substantial amount of influence. That being said, don’t let the company’s reputation diminish your right to obtain legal counsel.
Ralph Lauren Alleges Sale of Counterfeit Goods
Let’s take a look at some of Ralph Lauren’s claims regarding the trademark and copyright infringement:
This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the federally registered RALPH LAUREN Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The RALPH LAUREN Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from Ralph Lauren Products offered, sold, or marketed under the RALPH LAUREN Trademarks.
Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Unauthorized Ralph Lauren Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Ralph Lauren, have jointly and severally, knowingly and willfully used and continue to use the RALPH LAUREN Trademarks and/or copies of the Ralph Lauren Copyrighted Works in connection with the advertisement, distribution, offering for sale, and sale of Unauthorized Ralph Lauren Products into the United States and Illinois over the Internet.
E-commerce store operators like Defendants maintain off-shore bank accounts and regularly move funds from their financial accounts to off-shore accounts outside the jurisdiction of this Court to avoid payment of any monetary judgment awarded to Ralph Lauren.
Are you being sued by Ralph Lauren for trademark and copyright infringement? Contact our team at Stockman & Poropat, PLLC today for a free consultation!
Download the legal complaint below:
Up next we will be discussing the newest Dyson Trademark Infringement Lawsuit.
