- I Didn’t Make Any Sales, Why Did They Sue Me?
A:“… offering for sale … of goods or services … such use is likely to cause confusion …” constitutes trademark infringement (15 U.S. Code § 1114(1)(b)). Some courts recognize no sales as a defense, but most courts will not
I register my store with my own information. My account is sued but I have no action. Now thw balance is clear. So is there any other effect to me? Such as Will I be arrested when I arrive US or even arrested in Vietnam and extradited to USA?.
A: It’s highly unlikely. Plaintiffs in this type of cases usually don’t take such drastic measures?
Will the plaintiff know all exact sale report of my store anytime?.
A: Yes. At least, the platform (such as Amazon) provides your sales history of a few years.
I have got email of Default Judgement, can I litigate or settle my case anymore?.
A: You can still settle or litigate the case. However, you are in a more difficult position than before the default judgment.
My Balance has 100k USD, the infringerment listing has no sale, why be my all balance is frozen? Is it legal?.
A: Yes, it is legal if the plaintiff handles the case properly.
If I list my product before it’s registered trademark/copyright/patent, will I win litigating the case?.
A: Assume your product bears the same trademark, if you litigate the case, you might be able to continue to use the mark. However, the litigation process is expensive and stressful.
I want to buy trademark/copyright license from a brand in US, how should I do? How can you help me on it?.
A: We can help you. However, the legal fee will be on an hourly basis.
Why is my balance NOT frozen while I get email from plaintiff that my store is sued?.
A: It depends on the platform’s policy. It can also be that the platform has not had the time to freeze it yet.
I was sued many times, I list a infringerment by a mistake on my store. I found that since there is an order in my store that’s shipped to commercial address, it seems to be a law firm. Now I cancel that order, will I be sued in the near future with that listing?.
A: Very possible.
Where can i find a Vietnamese company that is legal to solve my sued cases?.
A: You can ask ChristineRosier
I am sued, what should I do to minimum the loss?.
A: Contact Christine Rosier as soon as possible.
I add a very long quote on my product. How to check if there is a infringement on that quote?
Also, for a lyrics of a famous song, can I sell product with that lyrics printed on my products?.
A: It’s very hard and expensive to check against all trademarks, since there are millions of trademarks. You can narrow the scope and make a targeted search.
You can’t since that lyrics is protected by copyrigh law.
How can I check if my product is infringered? especially copyright, patent infringerment
A: It’s very hard and expensive to check against all trademarks, copyrights and patents since there are millions of them.
Can I cooperate with you directly in law field?.
A: You can contact Christie Rosier. She knows how to contact us.
Designs by AI can be infringered?.
I sell paintings of famous artist (not painted by them, just their poitrait art), will I be sued?.
A: Possible, since there might be copyright infringement.
How to avoid prosecution effectively?.
A: We can only advise you that non-infringement is the best option.
Do Copyright law terms protect intellectual propertyfor one or many products?.
A: Possibly, depending on whether the product(s) uses the copyrighted work.
I am sued, my paypal account is cleared balance, can I get that money back?.
A: Generally, it’s very hard. Depending on the situation, you might be able to get some back.
I am sued, my paypal account is cleared balance, is the case is over and my balance is unfrozen? If not, why?.
A: If the cleared balance is the amount of damage awarded to the plaintiff under the default judgment, then, your account will be released.