E-Commerce Sellers Sued | Toyota Claims Counterfeit Sales Harmed Business
The automaker Toyota is suing online sellers for trademark infringement, again! The Plaintiff has identified what they call a “counterfeit network,” which brings us to the trademark action in question. By naming the group of Defendants as such, Toyota has positioned itself to sue more than one seller at the same time. The “Schedule A” part of the lawsuit refers to this group of online sellers. The alleged counterfeiters have been accused of selling unauthorized Toyota branded goods online.
To further elucidate the details of the latest Toyota lawsuit, we’ll turn to the legal complaint associated with the case. The following selections will allow readers to understand the allegations more thoroughly:
Toyota has identified numerous fully interactive, e- commerce stores offering Counterfeit Products on online marketplace platforms, including the e- commerce stores operating under the Seller Aliases. The Seller Aliases target consumers in this Judicial District and throughout the United States.
Defendants have targeted sales to Illinois residents by setting up and operating e- commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars and/or funds from U.S. bank accounts and, on information and belief, have sold the Counterfeit Products to residents of Illinois.
Defendants, without any authorization or license from Toyota, have knowingly and willfully used and continue to use the Toyota Trademarks in connection with the advertisement, distribution, offering for sale, and sale of the Counterfeit Products into the United States and Illinois over the Internet.
Stockman & Poropat, PLLC is an Award-Winning Law Firm That Wants to Help YOU!
Our award-winning legal team at Stockman & Poropat, PLLC wants to help you navigate the latest Toyota trademark infringement lawsuit! Our attorneys are highly skilled and experienced when it comes to e-commerce counterfeit actions. We’ve delivered successful resolutions for a wide range of online sellers based in the United States, China, and well beyond. As attorneys, we’re steadfast and driven, but we also highly value maintaining an open line of communication. If you have an inquiry or concern, our team wants to know!
Ok, so Toyota is suing you for intellectual property infringement. Perhaps you’re unsure what you should do first. Beside reaching out to us at Stockman & Poropat, PLLC, we urge you to submit a response to the court. This simple action allows sellers to clear themselves of anything connected to a possible Default Judgment. If the court does in fact issue a DJ, sellers could face steep penalties and the decision may very well be permanent. Our team doesn’t want to see affected Defendants lose any more money and undergo any additional stress! Respond, respond, respond…
As mentioned, Toyota is intent on identifying what they believe is a legitimate counterfeit network. These sellers or Defendants are not necessarily guilty of the stated allegations. Regardless, the named sellers are going to be impacted by the lawsuit. One doesn’t have to be guilty in order to have their e-commerce operation disrupted. In fact, Toyota claims that their business has been harmed, which is in essence the purpose of the lawsuit. The Plaintiff wants to get back a portion of the revenue they lost due to counterfeiting. Unfortunately, though Toyota has not yet proven any infringement occurred, the allegations that as much did happen will come with consequences for the Defendants.
Avoid Further Penalties and Revenue Loss | Contact Stockman & Poropat, PLLC
Stockman & Poropat, PLLC genuinely cares about you and your e-commerce operation! We want to protect your business from the kind of damage that can be inflicted by this Toyota trademark action. We know all too well that there isn’t an online seller who doesn’t depend on income and overall funds to operate at a high volume. To achieve great heights in the e-commerce world, one needs money! Our interest is to protect your business and your money in every way possible.
What should you look out for? The temporary restraining order that Toyota will convince the court to approve! This injunction will expressly freeze all of the Defendants’ online seller accounts. In a way, that’s the main function of the entire Toyota infringement suit. The Plaintiff wants to halt any further sales of what they have deemed counterfeit products. To that end, they’re going to pursue the temporary restraining order like a shark would its injured prey. This will allow Toyota to achieve the upper hand in terms of the action, and allow them to favorably negotiate resolutions to their advantage.
Direct Settlements vs Hiring Your Own Attorney | Toyota Claims Counterfeit Sales Harmed Business
Should online sellers getting sued by Toyota make an attempt to settle directly with the Plaintiff? It’s a reasonable question, which can be answered equally reasonably. There’s an argument to be made against direct settlements. Which goes like this… Any seller who tries to work with Toyota, without their own attorney, may likely get less than what they deserve in terms of outcomes. In general, direct settlements in these cases result in sellers walking away with around 60% of their frozen assets. If you’re prepared to forfeit such a substantial portion of your business’ value, then step into the risk. Most sellers are not! At Stockman & Poropat, PLLC, we’ll use our unique approach and creativity to find you a legal strategy that gives the power back to you!
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Curious about what other companies have also sued a group of online sellers for infringement? Read up on how Luxottica Sued E-Commerce Sellers For Offering Counterfeit Goods to Consumers.
