What is TRO? TRO: The full name is TemporaryRestrainingOrder.
There are generally two types of patent infringements. The first is for the property owner to immediately report it to Amazon. The infringer’s Amazon store backend management sales performance notice and email will be sent to the notice team. Copyright Infringement Warning Notice. Some are just warnings (this type of infringement may cause the store to be approved or locked if there are several infringements), and some customers receive a locked email as the first infringement warning. This situation is relatively rare for merchants to encounter. Generally, It is more common in reports of infringement by relatively well-known brands.
Another type of infringement notice is that the property owner authorizes a lawyer to immediately file a lawsuit with the local federal court, and let the court immediately review and issue a temporary restraining order (TRO) and/or other Restriction order. Because TRO gives patent infringers sufficient shock power, it also causes serious losses to stores that accidentally enter the minefield of infringement. Generally common agency law firms: GBC, Keith, SMG, EPS, etc. These types of law firms are considered very dishonest and shady in the eyes of Chinese businesses.
The People's Court's Temporary Restraining Order (TRO) generally stipulates the use of this countermeasure against merchant accounts:
Terminate merchant accounts; terminate payment of currency or withhold loans from merchants, or adopt measures similar to Other similar behaviors related to the merchant account. Yes, it's just not called a restraining order, it's called a habeas corpus order. Articles 23 to 32 of the "Anti-Domestic Violence Law of the People's Republic of China" are the relevant requirements for habeas corpus. In the judicial department’s practical activities, some people did apply. But most people don’t know about this writ of habeas corpus.
As for why our "injunction" system is not as comprehensive and developed as that of Anglo-American law, a large part of the reason behind this is the difference in the characteristics of Demon King's Village. Under statutory law, my country's justices have little power to review cases at will, and everything they do must be based on statutory law. The justices under British and American law can flexibly rule according to the needs of each case. Quick-cut items like prohibitions require strong coordination and on-the-spot judgment. It’s not that our justices are incompetent, it’s that we are not used to hearing cases that way.
The second reason is that people are not as easily manipulated as money. Restrictions on personal freedom are very high-level penalties, so they do not go through sufficient verification procedures and are generally not restricted. It is not easy to control people's randomness. And if the judgments of the People's Court are often not followed by others, it will undoubtedly affect the authority of the People's Court. In this case, it is not as good as the verdict of not being able to get out.
How to determine if your account has been TROed?
If you find that your store performance evaluation is good and there is nothing abnormal, but the Amazon store funds have been buried, then you should take the following measures to review at this time:
1. Open If you ask the merchant's support to see if there is any abnormality, of course not all merchants' support can find out the cause;
2. If you ask the merchant whether there is any abnormality in the operation, but you are not sure. , you can go to the store's registered email or sales performance notice to find the email sent by the notice team. If you see TemporaryRestrainingOrder in an email - if you see these three English words, you will be 100% sure.
What should you do after suffering a TRO?
Don’t make random complaints, because this kind of frozen assets cannot be released through normal complaints. Even if the account rights are unlocked, the assets may still be locked. After the response period has passed, the assets will still be there. Continue to pay all the transferred goods to the appellant;
Stop it as soon as possible, and immediately connect all stores to stop selling, because the bigger your sales, the more compensation you will have, even if If you don’t compensate, the situation will get bigger and you will suffer serious losses in the end. Go offline immediately and delete the link to the infringement. If you don’t know what the infringement is, open a case and ask the online customer service;
Consider the current situation, It is necessary to abandon or file a lawsuit. If the store lock-in limit is very small and you don’t want to think about this store, you can abandon it immediately. If you are sure that there is no infringement and you have sufficient funds and lawyer resources, then you can consider it. To file a lawsuit immediately;
Mediation, if there are no lawyer resources and insufficient assets, then you can consider entrusting JIT cross-border e-commerce agency to negotiate and mediate.