Trademark Action | Vogue Counterfeit, Infringement Lawsuit
Are you a know-it-all when it comes to trademark infringement actions? Do you know exactly what to do when a big, multi-million or billion dollar company is suing you for infringing on their intellectual property? Have you been involved in the e-commerce universe for so long that nothing phases or surprises you? If you answered no to all or most of these rhetorical questions, don’t worry! At Stockman & Poropat, PLLC, we can answer YES to these inquiries, and in doing so, save your business both time and money.
Today’s post is about the latest Vogue trademark infringement action against online sellers! Now that you’ve received notice that you’re a Defendant in the case, you need to act. Procrastinating in this instance could be detrimental. To be clear, this is a federal intellectual property infringement lawsuit filed in federal court. There’s little about the lawsuit that isn’t extremely serious! But, there’s no need to freak out! Our attorneys and team at Stockman & Poropat, PLLC are here to help you navigate and resolve this matter.
What can online sellers do that doesn’t cost any additional money? Read the legal complaint! We’ve provided a downloadable link at the bottom of this page. You may know that reading is fundamental, but it’s also a way to stay informed! In this case, sellers should try and understand the allegations made against their businesses. Vogue alleges a list of so-called unlawful activities that the named sellers engaged in. Among these claims, Vogue says the Defendants formed a type of counterfeit network. Through this alleged network, sellers have communicated with one another, per the Plaintiff, to actively sell as many counterfeit goods as they can.
Retain Legal Counsel With Stockman & Poropat, PLLC | Vogue Counterfeit, Infringement Lawsuit
Even if you don’t believe you engaged in the unlawful practices described by Vogue, you should still retain legal counsel! The allegations will have an impact on your business, even though they are just allegations. The federal context for Vogue’s claims means that the court is going to adjudicate in accordance with the law. As such, you deserve to also protect yourself and your business. Make sure you respond to the lawsuit to avoid getting hit with a Default Judgment, too!
Stockman & Poropat, PLLC has developed successful legal strategies for e-commerce sellers all around the world and we’re eager to do the same for you!
Herein, we’ll share a few paragraphs from the legal complaint to give sellers and readers a more well-rounded idea about the Vogue trademark infringement action:
E-commerce stores operating under the Seller Aliases look sophisticated and accept payment in U.S. dollars and/or funds from U.S. bank accounts, via credit cards, Alipay, Amazon Pay, and/or PayPal.
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 VOGUE Trademarks, and none of the Defendants are authorized retailers of genuine Vogue Products.
Defendants are working to knowingly and willfully import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences. Defendants, without any authorization or license from Plaintiff, have knowingly and willfully used and continue to use the VOGUE Trademarks in connection with the advertisement, distribution, offering for sale, and sale of Counterfeit Products into the United States and Illinois over the Internet.
Vogue Institutes Temporary Restraining Order
As we mentioned, sellers will be impacted by the Vogue trademark infringement lawsuit. Just how? By a temporary restraining order! Yes, this Schedule A infringement suit is aimed at stopping the Defendants from selling more counterfeit products to consumers. To that end, the Plaintiff will request and likely get the court’s approval for a temporary injunction. How does the restraining order prevent sellers from selling Vogue branded goods? It freezes your seller accounts and the money in them becomes inaccessible. The TRO usually just affects the money gained from the sale of a given Plaintiff’s goods, but could also apply to other money, as well. And, the reason for the injunction? Vogue wants to repair their allegedly damaged reputation and halt further loss of revenue.
E-commerce operators may be curious about how they might settle the issue with Vogue without an attorney. This approach usually involves trying to reach a settlement directly with the Plaintiff. While sellers are perfectly capable of doing so, on average, direct settlements result in sellers receiving just 60% of the money in their seller accounts. That’s why you should retain legal counsel! We can use our incredible, in-depth experience in the legal arena of e-commerce to get you an outcome that doesn’t equate to a total loss!
Contact our team at Stockman & Poropat, PLLC today for a free initial consultation!
Download the legal complaint below:
Up next we will be discussing the Hollywood Chamber of Commerce Trademark Action.
