Asked in Intellectual Property

Q: Product infringement case filed against us and almost 300 other online sellers

This is regarding a product infringement case filed against us and almost 300 other online sellers on different platform. This trademark is a chinese sign which was registered in september 2020. They saw a listing on our store in December 2020 and filled a case against us well. Though we got an authorization Letter from the Chinese supplier on the basis of which we listed that product but the lawyer for the other party is not accepting that letter and saying it's not authorized by their client under whom the trademark is registered. It seems that the other party is using loophole of the law and trying to make money out of it as they registered it recently for a product which was already selling in the market, so that they can make money out of filling case against everyone who was selling the product with that mark. I also checked their website and they made it 2021 only. Their lawyer is asking for money, but we never sold a single unit of it. Is there any way, our name can be removed

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1 Lawyer Answer

A: Depends.

Check with an attorney.

It is not clear if you have been sued or just received a cease and desist.

If it is just a C&D it may be a shake down.

If it is a lawsuit you should hire an attorney and answer the lawsuit.

If you feel it is an abuse of process, you can team up with the other defendants and counter sue.

You may have a case if you have been selling the product with the mark longer than it has been registered.

Hope this helps and best luck.


1 user found this answer helpful

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