Gainesville, GA asked in Intellectual Property and Trademark for Georgia

Q: How can POPSOCKETS LLC take down my product listings on marketplaces such as Amazon and Walmart?

Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?

1 Lawyer Answer
Darrin A. Auito
Darrin A. Auito
  • Trademarks Lawyer
  • Detroit, MI

A: One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a U.S. trademark attorney, more specifically one with experience handling Amazon takedown requests. Don't rely on legal advice from anybody on Justia boards.

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