Online Sellers Sued by Tory Burch For Infringement
Are you an e-commerce seller? If you are, then you probably know that intellectual property lawsuits happen often. Today, we’ll be highlighting the newest Tory Burch counterfeit lawsuit. The brand claims that a network of online sellers has actively worked together to sell infringing goods. The Defendants in this case may want to secure their own intellectual property attorney! When it comes to reaching a settlement, negotiating with the Plaintiff, or even just responding to the lawsuit, a lawyer will be a huge help. Is everyone who was accused of trademark infringement guilty? Not at all! That’s also why having an attorney is key, so that you can clear up any discrepancies if necessary.
Tory Burch’s trademark infringement lawsuit will involve a temporary restraining order. Many similar Schedule A counterfeit lawsuits do. The Plaintiff will seek a restraining order against the sellers to stop the alleged infringement from continuing. So what does the TRO mean for sellers, in practice? It means that you’ll be blocked from getting your money because your online seller account will be frozen. Once that is happening, sellers may feel as if they should just settle with Tory Burch. That is, without getting their own attorney. And while that could be a quick route to moving on from the lawsuit, sellers could lose money!
How to Address the Tory Burch Federal Lawsuit
In Schedule A infringement lawsuits, such as this Tory Burch one, direct settlements can result in sellers getting shortchanged. More often than not, sellers who take this approach settle for about half of the money in their account. If and when you retain a lawyer, you could really improve your chances of keeping more of the money you’ve earned. If you’re one of the Defendants in the Tory Burch lawsuit, we want to help!
A select number of sellers might want to just avoid the lawsuit altogether. Well, it isn’t just as easy as that! If you fail to respond to the court, you could then have to deal with an even tricker legal situation, such as a Default Judgment. Additionally, failure to respond could mean that Tory Burch will be given the money in your frozen seller account. If you’re not sure how to respond and/or what the response should look like, not to worry. One of our intellectual property lawyers can offer guidance on the specifics of that response. Make this process less complicated and easier for yourself by contacting us today.
If you’re a Defendant, you might want to read through the legal complaint tied to the Tory Burch lawsuit. It’s the Plaintiff’s intention to prove that a network of online sellers have damaged their brand. As such, Tory Burch is looking for some kind of relief via the court. Even though the allegations described haven’t been proven, they’re still impactful. The Defendants will possibly lose money because of the temporary restraining order and legal fees. The most practical way to address the lawsuit is to work with an attorney on developing a positive resolution.
Allegations of Trademark Infringement and Counterfeiting
Let’s take a look at an overview of Tory Burch’s allegations of trademark infringement:
Tory Burch has identified many fully interactive, e-commerce stores offering Counterfeit Tory Burch Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, DHgate, Temu, and TikTok, including the e-commerce stores operating under the Seller Aliases. The Seller Aliases target consumers in this Judicial District and throughout the United States.
E-commerce stores operating under the Seller Aliases often include content and images that make it very difficult for consumers to distinguish such stores from an authorized retailer. Plaintiff has not licensed or authorized Defendants to use any of the TORY BURCH Trademarks, and none of the Defendants are authorized retailers of genuine Tory Burch Products.
Many Defendants also deceive unknowing consumers by using the TORY BURCH Trademarks without authorization within the content, text, and/or meta tags of their e- commerce stores to attract various search engines crawling the Internet looking for websites relevant to consumer searches for Tory Burch Products.
By using the TORY BURCH Trademarks in connection with the sale of Counterfeit Tory Burch Products, Defendants create a false designation of origin and a misleading representation of fact as to the origin and sponsorship of the Counterfeit Tory Burch Products.
As an online seller, have you sold Tory Burch products to customers in the United States? That could be precisely why that brand is suing you in this lawsuit. The reality of the suit can’t be ignored, especially if you don’t want to lose money. The allegations of counterfeit and infringement will result in a restraining order, which will be disruptive. If you wish to negotiate with the Plaintiff and/or find a resolution that benefits you and your business, work with our team at Stockman & Poropat, PLLC!
Contact our team for a free initial consultation!
Download the legal complaint below:
Up next we will be discussing the newest Peanuts Worldwide Trademark and Copyright Lawsuit.
