Robert Smith hired Chicago IP attorneys to file a sizable trademark infringement suit against a list of e-commerce violators, including but not limited to eBay, AliExpress, Alibaba, Amazon, Wish.com, Walmart, Etsy, DHGate, and Temu (collectively “Third Party Providers”). He wants an injunction stopping Defendants from selling this stuff, an account of Defendants’ profits realized from the sales of said counterfeit items, with all profits paid to him or, in the alternative, pay him $2 million for each and every counterfeit use of The Cure trademark, plus attorneys fees.
He pretty much HAS TO file this suit. Trademark holders not only have the right, but also the responsibility (OBLIGATION) to defend their trademark(s).
THE CURE Trademark has achieved tremendous fame and recognition, which has only added to the inherent distinctiveness of the mark. As such, the goodwill associated with THE CURE Trademark is of incalculable and inestimable value to Plaintiff.
I definitely buy that the goodwill associated w/ TC is of "inestimable value" to RS.
According to a U.S. Customs and Border Protection (“CBP”) report, in 2021, CBP made over 27,000 seizures of goods with intellectual property rights (“IPR”) violations totaling over $3.3 billion, an increase of $2.0 billion from 2020.
Either things got much worse very quickly in terms of counterfeiting, or the CBP hired a bunch of people and made the seizure of counterfeit goods much more of a priority...
E-commerce store operators like Defendants are in constant communication with each other and regularly participate in QQ.com chat rooms and through websites such as sellerdefense.cn and kuajingvs.com regarding tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits.
Dirty scammers.
Good on him for doing this. I hate, hate, hate Amazon, etc. with a burning passion. They take for granted they can walk all over everyone so I'm happy to see someone holding their ass(es) to the fire.
I hope he prevails. I don't see how he couldn't but we all know how things can have a funny way of turning out when corporate interests are at stake. Sic 'em, The Cure™.
I saw this story last week in a pay-walled publication so I couldn't read it in full until now. Thanks for the intricate details. I've asked about our forum banner which I hope isn't in breach. Particularly as we don't & never would, market/ sell anything under The Cure trademark without explicit written permission.
I've asked about our forum banner which I hope isn't in breach. Particularly as we don't & never would, market/ sell anything under The Cure trademark without explicit written permission.
You better get that $2,000,000 dollar cheque written out...