Online Sellers Sued by The New Yorker For Trademark Infringement
Stockman & Poropat, PLLC is a law firm that stands out from our competition. Because when it comes to e-commerce lawsuits, we know how to get the job done. Our firm is spearheaded by award-winning attorneys who have a deep commitment to their clientele and a passion for intellectual property. We want the process of navigating intellectual property issues to be as painless as possible. Not only that, our firm prides itself on providing our clients with a clear line of communication. This way, you’re always informed and prepared for the next step. In terms of trademark and/or copyright infringement lawsuits, without a doubt Stockman & Poropat, PLLC is the law firm for you!
In this post, we’re going to cover the latest intellectual property infringement lawsuit filed by The New Yorker. Recently filed, The New Yorker lawsuit contains rather standard trademark infringement allegations. Primary among the allegations is the assertion that the Defendants have formed a “counterfeit network.” The Plaintiff is intent on demonstrating that the named sellers indeed know one another. And, it’s through this familiarity and related communication that they’ve been able to sell counterfeit goods. The New Yorker claims that the Defendants share a version of best practices when it comes to purveying infringing products. Now, is that actually the case? Have you or the other named sellers communicated with each other and formed a network to better get away with counterfeiting? The responsibility for these alleged actions will vary across Defendants. Stockman & Poropat, PLLC can help you figure out the best path forward for your business.
E-Commerce Operations Will Be Disrupted by The New Yorker Lawsuit
There’s no question, the affected sellers in this New Yorker lawsuit will see their e-commerce operation disrupted. And that disruption will come in the form of a temporary restraining order. This TRO is going to apply a freeze to the Defendants’ marketplace accounts. The New Yorker will therefore block sellers from touching the funds in those accounts. Overwhelmingly, these restraining orders will impact only earnings received from the sale of The New Yorker branded goods. In some instances, the TRO can affect more than that. Altogether, it’s because The New Yorker believes the Defendants partook in offering unauthorized goods to consumers via various marketplaces that they’re seeking a restraining order. While the lawsuit is based on allegations, that doesn’t stop the court from approving the injunction. To regain access to your money, save time, and get back on track to earning, contact us at Stockman & Poropat, PLLC.
We want to emphasize that the sellers affected by The New Yorker lawsuit need to provide a response to the court. By doing so in a timely manner, the Defendants can protect their business from the trappings of a Default Judgment. It’s unlikely that any impacted e-commerce operator wants a Default Judgment. Because that can cost them more money and disrupt their business further. Our firm doesn’t wish to have any of the sellers get entrenched in a more complex legal scenario. It’s worth mentioning that these judgments are often not able to be overturned, either. It may also result in all of your frozen funds getting awarded to The New Yorker. If any Defendant prioritizes their money and reputation as an online seller, they should respond!
The Best and Most Effective Path to Resolution | The New Yorker Trademark Lawsuit
A selection of the named sellers may want to look into how else they might reach a resolution. Some e-commerce operators may wish to attempt negotiating with The New Yorker directly, in an effort to achieve a settlement. Our firm readily understands why a given seller might consider this approach to resolution. But we want to share some information regarding positive outcomes. On average, sellers can expect to walk away with just 60% of their money if they attempt to directly settle. At our firm, we don’t believe that’s the best possible outcome. Stockman & Poropat, PLLC wants to ensure you’re in a position to protect what you’ve built and become even greater!
If you’re one of the Defendants in the latest trademark infringement lawsuit filed by The New Yorker, you’ll want to take certain steps to protect your money and your e-commerce operation. First of all, you’ll need to respond, and then, you’ll want to develop an effective and practical legal strategy, which is where we come in!
The New Yorker Allegations of Counterfeit and Infringement
To give you a better understanding of The New Yorker’s allegations of infringement, we’ll look below at several excerpts taken from the legal complaint:
THE NEW YORKER Trademarks are distinctive when applied to The New Yorker Products, signifying to the purchaser that the products come from The New Yorker and are consistent with The New Yorker’s quality standards. Whether The New Yorker manufactures the products itself or licenses others to do so, The New Yorker has ensured that products bearing THE NEW YORKER Trademarks are manufactured to the highest quality standards.
On information and belief, Defendants, either individually or jointly, operate one or more e-commerce stores under the Seller Aliases listed in Schedule A attached hereto. Tactics used by Defendants to conceal their identities and the full scope of their operation make it virtually impossible for The New Yorker to learn Defendants’ true identities and the exact interworking of their counterfeit network.
The New Yorker has not licensed or authorized Defendants to use any of THE NEW YORKER Trademarks, and none of the Defendants are authorized retailers of genuine The New Yorker Products.
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Up next you you read up on how FCA Filed a Recent Lawsuit Against E-Commerce Operators For Forming a Network to Sell Unauthorized Goods.
