How to Handle Counterfeit Complaints if You’ve Been Subjected to a TRO
If you’re an Amazon seller who buys pallets of mixed products, like from Woot or other liquidators, this video is for you.
Okay, so you’re an Amazon seller and you’re trying to buy products low, sell products high, and make money. Some of you are sourcing your products from Amazon or from Woot or from other liquidators. And you buy pallets in bulk where it could be 10, 20, 30 different branded products all in this same pallet, where you expect that you’re receiving products that are genuine with no risk of counterfeit, and it couldn’t be further from the truth.
So we were working with an Amazon seller who bought pallets of products, and unfortunately a portion of the product turned out to be counterfeit. That seller’s entire account was frozen from a temporary restraining order, an order issued by a judge, and they hired us to get their account reopened, get them out of this case, and that’s what we did.
The first thing we do when you are subjected to a TRO is we evaluate your case for two immediate things:
Number one, can we get that temporary restraining order dissolved as it pertains to you?
Number two, can we get the whole case thrown out?
Maybe the court doesn’t have jurisdiction. Maybe the claims are totally bogus. But we look to see, can we get the whole case thrown out before you even get dragged into litigation?
So in this case, that is exactly what we did. We drafted two different formal requests to the court, they’re called motions, one to dissolve the temporary restraining order, the other to have the entire case dismissed. We sent it over to opposing counsel. And guess what?
When you fight from a position of strength, when you hire a firm that has experience in the area, that’s known around the world for representing Amazon sellers, things happen. Experience matters.
And in this particular case, just by being prepared to fight it out, the opposing counsel relented. We worked out a settlement, our client was released from the temporary restraining order, and they’re back to selling. In this case I think that was a great result, because our seller did nothing wrong. Just like retailers all over the globe, they ended up with a handful of counterfeit items, and by the strength of my firm, this seller is now back in business and is out of that case.
If you want to learn more about how we help sellers all over the world with inauthentic suspensions, plans of action, IP complaints, and litigation, which everybody dreads, submit your case to us online and either me or one of our tremendous team members will get back to you as soon as possible.