The Connecticut trademark attorneys at Aeton have successfully represented and counseled eBay, Amazon, and other online sellers of products alleged to be counterfeit. The threat of a trademark infringement lawsuit involving counterfeit items can be daunting, especially if the lawsuit is being threatened in a state other than your own home state. Our trademark lawyers have helped clients favorably resolve counterfeit disputes in these situations before lawsuits are even filed.
OTTER PRODUCTS TRADEMARK VIOLATION LITIGATION | OTTERBOX® COUNTERFEIT LAWSUITS
If you’ve received a letter from a law firm representing Otter Products LLC in connection with the sale of alleged counterfeit phone case products, you should speak with an experienced attorney that has represented clients in your similar situation.
Otter Products LLC has filed multiple lawsuits across the country, including in the Central District of California, alleging that certain Ebay and Amazon sellers sold counterfeit products bearing one or more of the Otterbox trademarks. Plaintiff alleges multiple violations including trademark infringement, false designation of origin, unfair competition, false or misleading advertising, trademark dilution, unfair business practices and unjust enrichment.
The Connecticut trademark attorneys at Aeton Law have successfully represented sellers in obtaining favorable results involving the alleged sales of counterfeit products.
WHAT IS THE LANHAM ACT?
The Lanham Act is the federal trademark law of the U.S. and it expressly prohibits certain activities involving the use of federally registered trademarks, including false advertising, trademark infringement, and selling counterfeit goods. In connection with the sale of counterfeit goods, the Lanham Act equates the sale of counterfeit products (such as counterfeit phone cases, handbags, watches, etc.) as engaging in fraud. One of the purposes of the Lanham Act is to prevent fraud and deception through the use or sale of knockoffs, reproductions, counterfeits, or imitation goods using the federally registered trademarks of others.
WHAT IF I DIDN’T KNOW THE GOODS WERE COUNTERFEIT?
The sale of counterfeit items, whether knowingly or unknowingly, can carry steep penalties and damages if trademark violations are proven in court. Your best option is to speak to a knowledgeable trademark attorney that has experience representing clients in counterfeit and trademark violation lawsuits.
In disputes involving counterfeit goods, it is often difficult for a trademark owner to obtain direct evidence that the seller had “actual knowledge” that the products sold were counterfeit. However, courts interpreting the Lanham Act have often sided with the trademark owner by finding that “willful blindness” on the part of the seller is sufficient for finding a violation. Such courts have ruled that where a seller of counterfeit goods failed to ask the supplier about whether the goods were counterfeit (for fear of learning the truth), the seller is found to have engaged in “willful blindness” or “deliberate ignorance.” Such lack of questioning constitutes actual knowledge that the goods were counterfeit.
WHAT SHOULD I DO IF I RECEIVED A LETTER ALLEGING COUNTERFEIT SALES?
If you received a letter that alleges you sold counterfeit goods, do not assume that ignoring the letter will result in the problem going away. The Connecticut trademark attorneys at Aeton can provide you with experienced and knowledgeable trademark counseling to ensure that you receive the best outcome possible.
With offices in Middletown, Connecticut, our trademark lawyers represent clients nationwide and throughout Massachusetts, New York, and Connecticut, including in Hartford, New Haven, Waterbury, Stamford, and Fairfield County. Contact us today.