As a cross-border e-commerce seller, have you ever been treated as a “prey” by GBC, and your PayPal account was frozen by fishing law enforcement? If so, please accept this operation manual!
First of all, let’s meet four famous law firms that may put you in jail: GBC, EPS, KEITH and SMG. These four law firms are simply notorious and confusing.
Let’s first understand the necessary process of infringement cases:
Obtaining evidence-the team of attorneys will pretend that customers come to buy goods, and ask you to send the paypal account name for the convenience of transfer. After the purchase, the screenshots and purchase records will become the evidence they hand in. Filing a case-After the attorney files a case and submits the evidence, the court will accept the case. Infringers, that is, businesses, will receive a subpoena from the court, usually in the form of mail arrival in your mailbox. Prohibition-The court will temporarily ban the infringer’s paypal account while issuing a subpoena. Trial-The 21-day response period usually ends with the absence of the seller in China, and the court will issue a default judgment order. Compensation-In about 10 days, the frozen funds will flow into the plaintiff’s account in the form of compensation. It is a pity that sellers in China often give up appearing in court because they want to go to the United States to respond. After receiving the default judgment order, there is basically only one way to settle (if there is no response in advance).
So, what do you need to consider when you go through this?
The amount of frozen account-because all the hard-earned money was basically lost after the judgment. The current authority of the store-because after you receive the summons, the store may also be affected. The evaluation value of the store-this determines whether you want to continue to operate in the future. Choose to respond or settle-responding means that you can confront and prove your innocence; Reconciliation means keeping your head down first, so you have to pay something. Matters needing attention about reconciliation
If you choose to settle, you still need to compensate the plaintiff for the agreed amount of compensation. Direct contact between the defendant and the plaintiff’s law firm is usually ignored. Proof materials that need to be provided to the entrusted lawyer for reconciliation.
Case number/case link-let people follow the contact information of the frozen account (the name of the defendant in the TRO file) and the account with frozen amount. It is best to attach the store information operated by the account holder with frozen email address, and it is better to give a link. Reconciliation of the sales situation of the suspected infringing products from top to bottom.
Entrust a lawyer to understand the relevant situation and estimate the settlement amount, contact the plaintiff’s lawyer to negotiate, reach a preliminary agreement, sign the settlement agreement issued by the plaintiff and send it back to the plaintiff and other parties to sign and send it back to the plaintiff’s lawyer to submit a withdrawal letter to the court, and contact the platform to unfreeze the defendant’s frozen fund account. Reconciliation is relatively passive, and the settlement money is almost controlled by the plaintiff’s lawyer, and the time is uncontrollable (American local lawyers or other domestic lawyers who often dock with the plaintiff’s lawyers can advance the settlement process faster than after some negotiations).
1. If the frozen amount exceeds tens of thousands of dollars and the settlement amount is too high for the seller to bear, it can be considered comprehensively to choose to respond to the lawsuit (in most cases, if it exceeds tens of thousands of dollars, it is almost recommended to choose to respond to the lawsuit, which can speed up the closing of the case, and is on the active side and the time is controllable).
2. If you confirm that you have never committed any infringement (or may be complained maliciously), you can entrust a local lawyer to submit a MOTION to respond to the lawsuit, and some cases can be closed with zero compensation.
Solutions that don’t settle or respond to lawsuits
After evaluating the store and the frozen amount, there will be sellers who ignore the complaint, but it should be noted that the validity period of the US court order is ten years, and it can be re-filed after the expiration. Therefore, if you decide not to settle or respond to the lawsuit, don’t use the account with frozen funds, and don’t run the shop suspected of infringement again. The plaintiff’s claim time can be pushed to several years later, so he is blacklisted and may be punished more severely, such as being banned from entering the United States. This is not a simple bluffing behavior, so don’t lose more than you gain.
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WeChat search follows the public platform "麦家支持":
● Input the US case number to real-time query the case filing time/latest progress
● Check if the case is in default judgment (important)
● Investigate the settlement/response/withdrawal of other defendants and sellers in the case in the United States
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