How to Resolve Counterfeit Claims / IP Complaints as an Online E-Commerce Seller in 2022
Litigation for Amazon sellers, victory for case 04624, accused of selling counterfeit products.
Okay, Amazon sellers. So in this particular case, this is a real case that we resolved, our client was selling Triumph motorcycle jackets that turned out were problematic.
Let’s use that verbiage. The rights owner had reached out to our client, they were suing our client, and our client was like dead to rights. The brand was looking for tens of thousands of dollars to resolve the claims against them, but our client had minimal sales and also had minimal profit from this. So we are very well known in this industry. When you hire us, we’re known for focusing on this area and by being known in the industry, it gives, I believe, a leg up in negotiations.
What we did for this particular Amazon seller is we spelled out what their costs were, how many units they sold, what their PPC was, what Amazon was charging for FBA, and we were able to negotiate a settlement for literally pennies on the dollar from what the brand initially wanted.
Sometimes you got to know when to fold your cards and work out a settlement and you got to look at the numbers. If it’s going to cost you more you to defend yourself than it is to settle the case, you make a business decision and you settle the case. If you’re looking at starting a lawsuit and the cost of litigation are here and your recovery’s down here, doesn’t make a whole lot of sense.
I pride myself on making business decisions or advising you to make business decisions when it comes to the law. Don’t pursue a case that’s not going to result in a profit. Don’t overpay to defend yourself when you can settle it for a much lower amount.
Congratulations to my litigation team. You resolved the case, I’m really proud of our team, and Amazon sellers, you always got to make decisions based upon a profit motive, good business decisions, not emotional decisions. And for this case, I couldn’t be happier with the result.
If you have questions on how to resolve counterfeit claims: