Amazon IP Lawsuit & TRO Defense
Has an IP lawsuit caused an Amazon TRO on your seller account? We help Amazon sellers respond quickly and protect their accounts.
Our team at Amazon Sellers Lawyer represents sellers who have been named in an IP lawsuit and received an Amazon TRO.
If you have had your Amazon Account Frozen, listings shut down and or funds withheld without notice or you have received documentation of a lawsuit that you did not expect, it is highly possible that you are facing an Amazon Seller Lawsuit or IP Lawsuit that resulted in a Temporary Restraining Order (TRO) being issued against your Amazon Seller Account. An Amazon TRO is commonly used in Schedule A litigation – cases where Plaintiffs can name multiple sellers as allegedly infringing defendants.
Amazon TRO cases and Schedule A litigation can move quickly and without any notice to the seller. If an Amazon Seller does not quickly make an appearance in the IP lawsuit, the TRO can be converted into a preliminary injunction, which extends the freeze on the seller account. If you do not respond to the lawsuit, you will automatically lose by default and it can become difficult to recover Amazon frozen funds.
Section 3 Amazon: Why This Suspension Is Different
What is an Amazon TRO in an IP Lawsuit?
A Temporary Restraining Order or TRO is an emergency court order or “injunction” that brands and IP owners often seek at the time a lawsuit is filed, without notice to the Amazon Seller Defendants they have sued. In an IP lawsuit involving an Amazon TRO, the TRO is normally used to:
- Stop Amazon Disbursements to sellers
- Force an Amazon Account Suspension
- Force an Amazon Listing Suspension
- Cause Withheld Amazon Inventory
- Require Amazon to preserve seller records.
An Amazon TRO is typically issued “ex-parte,” meaning the court will not give the seller a chance to respond before the TRO is issued and Amazon is forced to comply by the Plaintiff brand or IP owner.
What can cause an Amazon TRO to be issued in an IP Lawsuit?
Most Amazon TRO cases stem from IP Lawsuit claims alleging:
- Counterfeit Sales
- Trademark Infringement
- Copyright Infringement
- Patent Infringement
- Other Intellectual Property Infringement
In many Amazon TRO cases, the judge is presented with a very narrow view of the facts and makes their decision based on the sworn declarations filed by the plaintiff. Unfortunately, some sellers get “caught up” in an Amazon TRO that was improperly issued. It is imperative to contact an Amazon Lawyer for legal advice if you suspect you received an Amazon TRO.
Indications you have been hit with an Amazon TRO:
Sellers can expect some immediate indications that an Amazon TRO has been issued against their Amazon Seller Account, this includes:
- An instantaneous freeze of Amazon Disbursements and funds
- Performance Notifications or emails from Amazon referencing a lawsuit or court order
- Receiving Services for a Federal IP Lawsuit (commonly in NY, IL, or FL).
- Notice that their storefront appears in a Schedule A case.
If you suspect you have been named in a Schedule A lawsuit and / or your account is facing an Amazon TRO, there is a very strict legal timeline to comply with to protect yourself from further damage.
What Happens After an Amazon TRO is Issued by the Judge?
By its own definition, an Amazon TRO is temporary, but is commonly followed by a request from the Plaintiff for a Preliminary Injunction. This is when the judge decides whether the TRO should stay in place or be lifted. In many cases, this is the time when sellers might be able to:
- Challenge an Amazon TRO
- Oppose the Preliminary Injunction
- Recover Amazon Frozen Funds
- Present jurisdiction or service defenses
If the Amazon TRO is ignored and the Schedule A litigation or IP lawsuit continues forward, your options become limited and the probability of a successful resolution can decrease dramatically.
How Amazon Sellers Lawyer Defends Amazon Sellers Facing Amazon TROs, Schedule A Litigation or IP Lawsuits:
Our team of Amazon Lawyers has a specific focus on the defense of Amazon Sellers regardless of the issue they are facing. Amazon TRO IP litigation is vastly different from typical litigation. It requires speed, efficiency, an understanding of Amazon’s internal processes and experience within this specific area of law.
- Document Review
- Amazon TRO
- Complaint and all supporting evidence
- All documents filed with the court.
- Strategy Development
- Positioning to negotiate a release by the Plaintiff
- Preparing arguments to narrow or lift the TRO
- Balancing Legal Strategy and Amazon related consequences
- Court Filings – In some cases, it may be necessary to:
- Engage in motion practice to dissolve or modify the Amazon TRO
- Oppose a preliminary injunction
- Challenge the validity of Service or Jurisdiction
- Prepare and submit supporting documents, declarations and / or evidence.
- Resolution Focused – we work to ensure Amazon TRO cases are only litigated when necessary. Our goal is always to:
- Resolve matters amicably and obtain favorable settlement terms when possible
- Mitigate damages and recover Amazon frozen Funds
- Reduce overall client exposure
- Prevent repeat enforcement actions
Talk to an Amazon Lawyer with experience in Schedule A litigation and protect your account from an Amazon TRO.
If your Amazon Account was hit with an Amazon TRO as the result of an IP lawsuit or Schedule A litigation, time is of the essence and you should speak with an experienced Amazon Lawyer on our team today. We help Amazon Sellers facing an Amazon TRO to understand:
- Whether to fight, negotiate or seek dismissal of the relevant IP lawsuit or Schedule A litigation
- Upcoming deadlines in the case
- How to limit exposure and protect their funds and accounts
- How to proceed with the litigation with the highest probability of success.
