I don't know much about those who haven't experienced it, and I really hope not to experience it. TRO for most small and medium-sized sellers, basically means no grain. Content of this article: (1) What is TRO?
(2) How to judge whether the store has encountered TRO?
(3) How to deal with TRO?
(4) What will happen if you don't respond? 0 1 What is TROTRO, that is, temporaryrestrainingorder, a temporary injunction of the federal court?
As we know, enterprises or brands will generally take two deterrent measures when they find someone infringing their intellectual property rights:
Complain directly to Amazon platform
, requesting the removal of related products. Generally speaking, as long as the infringement is true, Amazon will send a warning email to the seller and remove the related products. There are more complaints, and the account is at risk of being blocked. This method is mild. Although the funds will be frozen and the inventory will be locked after the account is closed, it can still be solved through appeal, and the loss is not great.
The other is that merchants or brands hire lawyers, collect evidence of the other party's infringement, and directly file a lawsuit with the court, demanding that the infringer compensate for the losses. At the same time, they will also ask the court to issue a temporary injunction.
Freeze the account balance and inventory of the infringer to prevent the other party from transferring funds or inventory.
. There is no doubt that Amazon will, as always, choose to implement it immediately after receiving the temporary injunction from the court. After all, the task of the platform is to make money and don't want to cause any trouble. Fortunately, the infringing seller will receive an email from Amazon, at least knowing that he has become a unlucky ghost.
How to judge whether the account has met TRO?
Through Amazon's email, we can judge.
It is clear in the email that Amazon has taken restrictive measures against the seller according to the temporary injunction of the federal court.
T, r, o, when you see these three words, you can basically determine 100%.
. Moreover, Amazon listed in detail the name, address and contact information of the law firm that filed the lawsuit.
How to deal with TRO?
If unfortunately, your account has received a temporary injunction. You will find that the account can still be sold normally, but the funds can't be withdrawn anyway. You should pay attention at this time. First of all, resolutely give up the idea of appealing to Amazon to get the money back. 100% impossible!
Complaining at this time is a waste of time. Because the decision-making power is no longer in Amazon's hands at this time, POA's hype is useless. The correct method is as follows: Step 1, immediately stop all sales of this account.
Even if the daily order is over ten thousand. because
The ban will not only freeze the previous funds, but also freeze all future income.
The second step is to look at the account balance, which is very important. If the account balance is low, find another way out before it is too late, or start all over again. What is lost is no longer yours, even if you had it yesterday. Timely stop loss is a kind of wisdom. Because whether you are infringing or not, as long as you choose to respond, litigation service is an expensive fee. Even if your response is successful, there is not much left. If you don't succeed, you lose!
If the account balance is large, you can try to respond to the lawsuit.
First, contact the attorney of the obligee according to the law firm information provided in the email.
Find out what product infringement the other party complains about. What trademark or patent is specifically infringed? What is the specific settlement amount? Wait a minute. The general settlement amount will be much higher than your expectation and unacceptable.
Secondly, according to the infringement information you obtained.
Carefully verify whether it is a real infringement.
. Is the other party's trademark or patent valid? Is there room for defense? If you are not sure, you can find a professional intellectual property lawyer in China at this time, and only pay a consulting fee, which is not too much money.
If the facts of the complaint are found to be inconsistent, or the other party has loopholes. Then you can make good use of this and contact the other party's attorney again to explain the situation and try to reduce the amount of compensation and reach a settlement.
If the complaint is found to be true, we can only reach an agreement on the amount of compensation through consultation. What if the other party refuses to compromise at this time? Then you have to answer the lawsuit.
Responding to the lawsuit may not overturn the other party's accusation, but there is room for discussion on the amount of compensation.
. After all, it is impossible for the law to support the right holder to ask for exorbitant prices.
In view of the need to understand American intellectual property law and be familiar with American litigation procedures. You must seek help from a professional lawyer. Unfortunately, I'm not a lawyer, so I can't do this job. But if necessary,
I can help contact reliable channels.
A very important point: American lawyers are unsuccessful in charging fees, and they are unsuccessful in getting a full refund, just as we complain. He is.
Whether you succeed or not, you have to pay.
After all, I have paid professional knowledge and labor. Sellers need to consider this clearly.
What will happen if you don't answer the lawsuit?
If measures are not taken, 100% of the funds will not be recovered. Because according to the litigation process in the United States, if the seller wants to solve the case, he must make an out-of-court settlement with the complainant or appear in court. If the seller ignores it, the court will eventually adopt a default judgment.
DefaultJudgment, ruling that the defendant lost the case, all the account balances of the seller will be removed from Amazon and compensated to the plaintiff.