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Intellectual Property Law

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eckimoc

Member
Hello.
Need a consultation about a case.
The case: I bought a few toys on Walmart sale and then decided to sell them on eBay. It was in January. On last week I got an email from an attorney that I and other 500 sellers are defendants in the case with violations of United States federal and state laws prohibiting trademark infringement and counterfeiting. This case registered in the United States district court northern district of Illinois.
 

PayrollHRGuy

Senior Member
Hello.
Need a consultation about a case.
The case: I bought a few toys on Walmart sale and then decided to sell them on eBay. It was in January. On last week I got an email from an attorney that I and other 500 sellers are defendants in the case with violations of United States federal and state laws prohibiting trademark infringement and counterfeiting. This case registered in the United States district court northern district of Illinois.
What do you mean by "Walmart sale"? You led that with "on" so I assume you mean online. Was it at the walmart.com website or something else?
 

quincy

Senior Member
Hello.
Need a consultation about a case.
The case: I bought a few toys on Walmart sale and then decided to sell them on eBay. It was in January. On last week I got an email from an attorney that I and other 500 sellers are defendants in the case with violations of United States federal and state laws prohibiting trademark infringement and counterfeiting. This case registered in the United States district court northern district of Illinois.
Are you in the US?
 

eckimoc

Member
In what country are you located?

Who is the plaintiff in the suit?

On what date was the trademark infringement suit filed?

Was your eBay shop closed?
- Ukraine;

- ENTERTAINMENT ONE UK LTD. (“eOne” or “Plaintiff”), Keith A. Vogt, attorney [at] vogtip.com;

- 05/02/2019;

- No, my shop is open;
 

eckimoc

Member
Have you responded to the suit?
They have sent me an email with this text "A hearing will be held in the court on Wednesday, July 24, 2019 at 9:30 a.m. on the default motion. You may appear in court to attend the motion hearing. If you do not wish to litigate this matter in court, we can still offer you a settlement for you to get your account back and the case dismissed against you."

I answered that I want to get a settlement, but they don't answer anymore.
 

quincy

Senior Member
They have sent me an email with this text "A hearing will be held in the court on Wednesday, July 24, 2019 at 9:30 a.m. on the default motion. You may appear in court to attend the motion hearing. If you do not wish to litigate this matter in court, we can still offer you a settlement for you to get your account back and the case dismissed against you."

I answered that I want to get a settlement, but they don't answer anymore.
Okay.

This was over Peppa Pig sales?

Do you have an attorney?
 

quincy

Senior Member
Walmart - and other retailers - have been found selling counterfeit goods in the past. It is not surprising that resellers then wind up selling counterfeit goods in their eBay shops or in flea markets, even when they previously legally purchased these illegal goods from retail outlets.

Entertainment One UK, Ltd, has filed numerous trademark infringement suits in the US. What Entertainment One UK, LTD, has requested of the Court - and has been granted - are injunctions against the shops selling the counterfeits, preventing the shops from continuing to sell the goods identified as counterfeits.

If your eBay shop has not been closed down or your assets frozen, that is good news for you. What Entertainment One will be seeking is any profits you made from your sales and possibly seizure of any goods you still have in your possession. They could be entitled to statutory damages (and, in fact, Entertainment One has asked for and been granted these damages up to $100,000 per infringer in a few cases).

Because you are in the Ukraine, seizure of goods might be unlikely. The settlement they offer, if any, will reflect their costs of pursuing the legal action (court costs, attorney fees) and compensation for demonstrable losses they suffered as a result of your sales.

You should consult with a trademark attorney in your area to assist you in settling with the trademark owner.
 
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eckimoc

Member
Walmart - and other retailers - have been found selling counterfeit goods in the past. It is not surprising that resellers then wind up selling counterfeit goods in their eBay shops or in flea markets, even when they previously legally purchased these illegal goods from retail outlets.

Entertainment One UK, Ltd, has filed numerous trademark infringement suits in the US. What Entertainment One UK, LTD, has requested of the Court - and has been granted - are injunctions against the shops selling the counterfeits, preventing the shops from continuing to sell the goods identified as counterfeits.

If your eBay shop has not been closed down or your assets frozen, that is good news for you. What Entertainment One will be seeking is any profits you made from your sales and possibly seizure of any goods you still have in your possession. They could be entitled to statutory damages (and, in fact, Entertainment One has asked for and been granted these damages up to $100,000 per infringer in a few cases).

Because you are in the Ukraine, seizure of goods might be unlikely. The settlement they offer, if any, will reflect their costs of pursuing the legal action (court costs, attorney fees) and compensation for demonstrable losses they suffered as a result of your sales.

You should consult with a trademark attorney in your area to assist you in settling with the trademark owner.
Thank you for your time and answers.
 

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