Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA
These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask for unreasonable money because they have found a loophole in the law in USA and earning by this unethical way because they know the store might not be big enough to hire a lawyer & file a case against them or defend their case. So, is there any solution to the seller for this, because many a times logo is not there on product but that name is registered in USPTO. So definitely, it is impossible for a dropshipper or a reseller to know the brand of the product. Also, If a seller is Indian and he is just selling on a US platform. what are the consequences if these kind of cases comes, when seller has just sold 2 or 3 units and willing to pay the plantiff whatever he earned from those sales.
A: If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would not hesitate to hire an attorney.
Marcos Garciaacosta agrees with this answer
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