WubbaNub Claims Copyright Infringement
WubbaNub has filed a lawsuit against online sellers for copyright infringement. This is the company that produces a stuffed animal with a pacifier attached to it. Trebco Speciality Products, Inc.,which owns the brand, claims counterfeiters are illegally offering unauthorized goods to consumers in the United States.
As a Defendant named in the case, your e-commerce business may be enduring the disruptive reality of a TRO. Largely, the Temporary Restraining Order places a hold on your account(s). These include online marketplaces like Amazon, DHgate, eBay, Walmart, Alibaba, Wish.com, and/or AliExpress, as well as individual stores. The biggest inconvenience is that the TRO may block you from accessing money earned from the sale of WubbaNub goods. It could also affect earnings from unrelated products. To be clear, all of this is due to the alleged copyright infringement as stated in the complaint.
Trebco Speciality Products: Counterfeit Lawsuit
Primarily, we strongly recommend that you take the Notice you received seriously and definitely respond to the complaint. Without a response, the Judge overseeing the case could issue a Default Judgment, which would require you to pay damages whether or not you are guilty of counterfeiting. The avenue to resolution begins with a response. The failure to give a response could mean that you will be at a loss with no recourse. Do your best to avoid that outcome and respond!
What if I am not sure how to respond to the complaint?
No need to worry, that is what our team of attorneys are here for! We can assist you with crafting a response for the court. We will need to clarify the details regarding what WubbaNub products you did or didn’t sell, as well as other key information. Once we have the specifics, we can get to work for you!
WubbaNub Sues Online Sellers
WubbaNub Counterfeit Lawsuit
A selection of the claims made against you and the other Defendants:
- WubbaNub believes sellers deliberately design e-commerce stores to look like authorized retailers. In connection with this claim, the Plaintiff states you utilize “images and design elements that make it very difficult for consumers to distinguish such counterfeit sites from an authorized website.”
- To further fool consumers into perceiving the stores as legitimate, the Defendants provide round-the-clock customer service. The sites also allegedly have “indicia of authenticity and security.” The type of distinguishing markings traditionally associated with legitimate retailers, per the complaint.
- Trebco Speciality Products, Inc. has not licensed or authorized any of the Defendants to use WubbaNub copyrights. Likewise, sellers do not have permission to use the copyrights “in conjunction with, or promotion of, adult content.”
- The Defendants deploy specific SEO (Search Engine Optimization) strategies and “social media spamming” to get their store to pop at the top of a web search.
- You and the other named sellers disguise your true identities and do so in connection with multiple stores, forming a counterfeiting network. Some of the Defendants use more than one fake identity to register and run several online stores, per the complaint. Apparently, the “virtually identical layouts” of these stores suggests they are connected and operated by the same counterfeiter(s).
- Seller websites are moved to “rogue servers” beyond the borders of the United States after a lawsuit has been filed.
- Defendants “operate multiple credit card merchant accounts and PayPal accounts behind layers of payment gateways” to avoid copyright enforcement. Use of off-shore bank accounts play into this alleged tactic, as well.
WubbaNub E-Commerce Lawsuit
In brief, the lawsuit filed by Trebco Speciality Products, Inc., owner of WubbaNub, is summed up in the following excerpt from the complaint:
As a result of Defendants’ actions, including certain Defendants associating the WUBBANUB name and products with adult content, Plaintiff has been and continues to be irreparably damaged through consumer confusion, dilution, and tarnishment of its valuable copyright and goodwill and, therefore, seeks injunctive and monetary relief.
Seeking Legal Counsel
Stockman & Poropat, PLLC can provide you with the appropriate and necessary knowledge to address the lawsuit in which you have been named. Principally, we want to find out what is true and/or what is inaccurate when it comes to the actions you have allegedly taken as noted in the WubbaNub complaint.
We have created countless legal solutions for an international clientele of e-commerce operators in just this kind of position. Our priority is you and your e-commerce business operation. We hold ourselves to an extremely high standard of excellence and integrity in these matters. Contact us today! The consultation is free!
See below for a link to the complaint itself ⚖️
Up next we will be discussing the Roku Trademark Infringement Lawsuit.