As the big promotion in the second half of the year approaches, there is also a high incidence of rights protection cases. Recently, SKECHERS, a sports brand that achieved great success in trademark rights litigation and received a compensation of 7 million yuan, has once again initiated cross-border rights protection. The new case involves a total of 17 trademarks! We reminder sellers once again not to step on landmines without authorization, otherwise the possibility of being TRO will be very high.
01
SKECHERS footwear brand
The plaintiff SKECHERS is the second largest footwear brand in the US market after Nike and was named the "2009 Shoe Product of the Year Company" by Footwear Plus magazine. Since its establishment in 1992, its brand has gained numerous fans worldwide through its fashionable, comfortable, and functional footwear. At present, the company has multiple registered trademarks, among which the most famous is the "SKECHERS" series of shoes, which provide products to global consumers through online and offline channels.
It is reported that in a trademark protection case initiated by Skechers three months ago, as many as 125 defendants were involved, and a total of 7 million yuan in compensation was obtained, setting a new record for intellectual property rights protection compensation in the Chinese market. On August 15th, Skechers filed another lawsuit accusing the infringement and counterfeiting of related trademarks, and submitted multiple pieces of evidence including trademark registration certificates, screenshots of the defendant's website, and sales records of counterfeit products. Case number: 24-cv-07333, represented by Keith A. Vogt Keith Vogt, Ltd. law firm.
At present, the new case involves a total of 17 trademarks, mainly belonging to Class 25 footwear, but the list of defendants has not yet been announced. Sellers are advised to conduct a thorough investigation as soon as possible. Unauthorized use of relevant text and patterns on product descriptions and packaging is prohibited. Beware of the risk of being complained about or even initiating TRO in the future.
02
BRUSH Octopus Hairdressing Comb
The plaintiff Bounce Curl is a company founded by Merian Odesho in 2015, dedicated to providing high-quality curly hair care products. Bounce Curl is known for its iconic curly hair comb, the BRUSH hair comb features 8 rows of independent nylon bristles, perfect for unraveling curly and tangled hair, reducing scalp pain and saving time. Its material is ABS resin, lightweight and durable, with a non slip grip that is easy to clean. It also has the function of massaging the scalp and promoting blood circulation, making it an ideal gift for family and friends.
It is understood that this case is a patent infringement case, involving a patented product that is a hair comb suitable for curly and permed people. The comb spacing can be adjusted by adjusting the rod. The product patent was issued in May 2022, with patent number USD952355S. Hair product sellers are advised to investigate and guard against infringement risks!
03
Sehreen Acrylic Earrings
The plaintiff Sehreen Shahzad is an artist from the United States with nearly a decade of experience in the fields of art and visual media, and has been involved in high-end 3D animated film projects directed by Oscar winning filmmakers. In 2017, driven by her interest in pin making and acrylic laser cutting art, she founded an art club and started running her own store SehreensArtLab on Etsy, mainly selling lapel pins, earrings, stickers, accessories, and more.
It is reported that this case was originally initiated anonymously by David Law Firm on August 14th. On August 19th, the court rejected the request to change the lawsuit documents, and the brand information was only made public. At present, the plaintiff has not proposed a TRO injunction, and it is expected that there will be new developments within 1-2 weeks. It should be noted that, except for copyright images involved in the case, all product images in the Etsy store have infringement risks. Sellers, please pay attention to investigating!
04
UNICORN BOTTLE Unicorn Bottle
The plaintiff Chubby Gorilla, Inc., headquartered in Fullerton, California, USA, is an innovative enterprise. Its rights protection product is a * * liquid bottle called "UNICORN BOTTLE Unicorn Bottle", which is highly favored by users due to its unique design and excellent practicality.
At present, the case is represented and initiated by Flener IP Law, LLC for trademark and patent protection. The lawsuit was filed on July 2nd, but due to the concealment of the case, the information was not made public until August 12th. It is understood that the appearance features of the patent in question listed by the plaintiff are: a cylindrical bottle with a lid, wherein the lid has a cylindrical portion with a diameter similar to that of the bottle, and the smooth portion becomes thinner towards the flat top.
It should be noted that the case has already received a TRO motion and a hearing is scheduled for the morning of August 30th. It is recommended that the relevant sellers investigate as soon as possible to avoid infringement risks.