Not surprisingly, with the massive use of Amazon and Alibaba, we are seeing and handling in the courtroom litigation world a lot of actions involving alleged counterfeiting and resultant sales of products on these website marketplaces. These claims involve the freezing of the Amazon Sellers’ financial accounts with Amazon through Federal Court Temporary Restraining Orders (TRO’s) and preliminary injunctions and are being brought primarily pursuant to Federal Statutory Law. They fall generally into two camps:
Camp one is the allegation of Federal Lanham Act violations like trademark infringement, false advertising, false designation of origin, counterfeiting and “knock-off”. See: https://www.hh-law.com/intellectual-property-audits-application-prosecution-protection-litigation/trademarks/
Camp 2 is the allegation of patent infringement by the alleged knock-off products. See: https://www.hh-law.com/intellectual-property-audits-application-prosecution-protection-litigation/patent-infringement/
While these two variations sound similar, they each require a solid understanding of either or both, the Lanham Act/Trademark Law or an understanding of patent law on infringement and USPTO proceedings. There are actions filed in the US District Court for the Western District of Pennsylvania and in many other federal jurisdictions. Our Houston Harbaugh law firm intellectual property group which I chair is handling these matters and I can be reached at [email protected] or 412-288-4013.