Chinese sellers are becoming more and more able to "play"! Suing for infringement but sealing the specific information of the case, many sellers were caught off guard. Previously, there were sellers holding patents for a number of hot-selling products "playing" like this, and I am afraid that a large number of accounts will be frozen, and they need to hurry up and avoid self-examination!
Case information
品牌方Shenzhen Gaiyatuopu Network Technology Co., Ltd.于6月19日起诉专利侵权,案件号24-cv-5111,由Bishop Diehl & Lee, Ltd.律所代理。
Since the case is in a sealed state, the specific patent involved in the case has not yet been determined, but the inquiry found that there are three American appearance patents under the brand's name, namely handheld fans, dog toys and cloud LED lights, all of which are hot-selling products, and it is recommended that sellers who sell related products pay attention to avoid.
Handheld fan patent: patent number USD964544S, the application was filed on November 5, 2021, and the certificate was issued on September 20, 2022
Dog toy patent: patent number USD978455S, filed on June 2, 2021, issued on February 14, 2023
Cloud LED lamp patent: patent number USD964629S, the application was submitted on October 20, 2021, and the certificate was issued on September 20, 2022
Tips: In order to determine the infringement of appearance patents, in addition to looking at whether the appearance of the products is highly similar, we should also pay attention to the application date of the patent. In short, if your product has been put on sale before the patent application date, you can seek the assistance of a professional lawyer to negotiate a settlement of a lower amount or even 0 yuan.
In addition to the above-mentioned cases, there are also many brands/products that have been strictly grasping infringement recently, and a large number of words and pictures cannot be used, and sellers must avoid them together, otherwise there is also a risk of infringement freezing.
(1)Vetnique Labs
The plaintiff, Vetnique Labs LLC, is a well-known pet care company in the United States, manufacturing and distributing high-quality veterinary, breeding and health products designed specifically for pets, and has launched nine brands since its establishment in 2011, including Glandex, Dermabliss, Oticbliss and Seniorbliss.
Case Information:
Time of indictment: June 21, 2024
案件号：24-cv-5199
代理律所：Vorys, Sater, Seymour and Pease LLP
Place of prosecution: Illinois, USA
Reason for rights protection: trademark infringement
There are many trademarks involved in the case, mainly registered in the fifth category of medicine, and it is recommended that sellers who sell related products do a good job of self-examination, and do not use these words on the listing without authorization:
②FEATHER
Founded in 1932, Feather is a well-known Japanese blade manufacturing brand known worldwide for its high-quality, sharp, and durable blades that are widely used in the beauty, barbering, medical, and industrial fields.
Case Information:
Time of indictment: May 6, 2024
案件号：24-cv-3632
品牌方：Japan America Trading Agency Inc. Dba Jatai International
代理律所：ROSENBAUM & SEGALL, P.C.
Place of prosecution: Illinois, USA
Reason for rights protection: trademark infringement
The trademark information of the case is still sealed, and the following trademarks may be involved in the case, mainly registered in 03 (daily chemical products), 08 (handmade equipment), 10 (medical devices), and 35 (advertising sales):
③ATOMIC HEART
ATOMIC HEART is a first-person shooter-and-action RPG that received excellent reviews for its gameplay and visuals, winning the Outstanding Visual Style Award at the 2023 Steam Awards.
Case Information:
Time of indictment: June 19, 2024
案件号：24-cv-5108
品牌方：Slimao Ltd.
Law firm represented: GBC
Place of prosecution: Illinois, USA
Reason for rights protection: trademark infringement
The trademark Atomic Heart is registered in multiple categories, and sellers of related products should pay attention to checking:
(4) Folding ladder
The product involved in the case is a folding ladder that is both safe and stable and convenient to store and carry, specific case information:
Time of indictment: April 10, 2024
案件号：24-cv-2904
品牌方：Jinhua Sunhe Household Products Co., Ltd.
代理律所:Stratum Law LLC
Place of prosecution: Illinois, USA
Grounds for rights protection: patent infringement
Patent name LADDER, patent number USD888994S, filed on March 24, 2020, granted on June 30, 2020:
(5)Carter Smith美妆照片
The plaintiff, Carter Smith, is a fashion and beauty photographer whose photographs have appeared in prestigious magazines such as Vogue, GQ and W.
Case Information:
Time of indictment: June 18, 2024
案件号：24-cv-573
代理律所：HIGBEE & ASSOCIATES
Place of prosecution: Florida, USA
Grounds for rights protection: Copyright infringement
The case mainly involved the following beauty images:
⑥Esther Luntadila黑人女孩版权画
Digital artist Esther Luntadila is known for his bold clash of colors and delicate lines, which celebrate the allure of black women.
Case Information:
Time of indictment: June 18, 2024
案件号：24-cv-5044
Law Firm: Keith
Place of prosecution: Illinois, USA
Grounds for rights protection: Copyright infringement
The following 10 copyright images should be taken care of and not appear on the product or product images without authorization:
⑦James Booker创意拼贴画
Drawing inspiration from comedy, artist James Booker's work incorporates a wealth of visuals and strong color contrasts to create a fantastical world.
Case Information:
Time of indictment: June 18, 2024
案件号：24-cv-5041
Law Firm: Keith
Place of prosecution: Illinois, USA
Grounds for rights protection: Copyright infringement
The case involved 12 copyright images, which were not allowed to be used without permission:
(8)Tammie DeAnne Hunter八爪鱼版权画
Plaintiff Tammie DeAnne Hunter specializes in landscape and abstract works, and her works are inspired by the magnificent sea and mountains in their surroundings, bringing the beauty of nature to life.
Case Information:
Time of indictment: June 19, 2024
案件号：24-cv-5092
Law Firm: Keith
Place of prosecution: Illinois, USA
Grounds for rights protection: Copyright infringement
The following two octopus copyright paintings are the focus of this rights protection, and should not be used on the listing without authorization:
The above is the new brand that has recently sued for infringement, and the infringement minefield includes trademarks, patents and copyrights.
If you receive the TRO email, you don't need to panic too much, you can first entrust a lawyer to analyze the case situation and formulate a response plan, and the effective negotiation of a professional lawyer can often strive for a lower amount of settlement, which can be resolved in as fast as 1-2 months. Whether it is a settlement or a response to a lawsuit, Jite has rich experience and excellent strength, and always looks for the best solution from the perspective of the seller.
If you need professional infringement settlement services, or want to know whether your products are infringing, please leave a message for consultation~