Cross-border infringement cases continue to occur, and more and more sellers and friends suffer from it. Obviously, they are good citizens who abide by the law, but they are unconsciously involved in the infringement cases, resulting in the freezing of fund accounts and not being allowed to stop selling. At this time, the first thing you should do is to check whether the products you sell are infringing, and you should always pay attention to the progress of the case. Only by choosing the right time and making the right decision can we get a satisfactory result.
When the merchant and the platform receive the TRO notice issued by the court, TRO often requires the platform as a third-party platform to restrict the account of the merchant. At this time, the merchant needs to take action to respond positively, so that the merchant can negotiate with the plaintiff and/or make a reasonable decision. In terms of time, if the plaintiff does not extend the limitation of TRO, the plaintiff will generally submit information to the court for a preliminary injunction 5-10 days before the expiration of TRO (the specific time depends on the progress of the case). The absence time of most cases is basically about one month after PIO comes, depending on the progress of the plaintiff. So the calculated time is very urgent. Once absent, it may lead to an award amount higher than the amount that the merchant could have reached a settlement with the plaintiff. If the court makes a default judgment on the merchant, according to the law, the platform may permanently freeze the account and/or transfer all the funds contained in the merchant’s account to the plaintiff. (Except for Ali platform, which only freezes the current account funds, and subsequent sales funds can be withdrawn).
Therefore, we should always pay attention to the progress of the case, clearly understand the current situation of the case, make pre-judgment and deployment in advance, and make the whole thing clear and strategize, so as to ensure that our losses will be minimized. For example, in the TRO stage, a professional lawyer or service provider is hired to assist in the handling. Combine time cost and lawyer’s budget to decide whether to settle or respond to the lawsuit. If the frozen amount is large, there is room for lawyers to fight for responding after evaluating the infringement evidence, and they can prepare for responding while settling, and they need to start negotiations as soon as possible within the 21-day responding period.
Having said that, then the seller’s friends will definitely ask, I am not familiar with the case, how can I understand the progress of the case? Don’t worry, here are the steps for you to inquire about the case.
First of all, open our mobile phone, click on WeChat, search for “Mai Jia Support” WeChat official account, and click Follow. After paying attention, go to the following page. Click on the case query
Then enter the case inquiry page. If it is the first time to inquire about the boys in the case, you need to register to inquire about the case here.
After you fill in the relevant case information, click Register Now, and you can immediately check the latest trend of your American case, whether it is judged by default or not, and the settlement and counterclaim of other sellers [real-time synchronization of American judicial case system data]. For example:
Thank you for reading. Today’s sharing is over. Maijia Support will continue to bring you the latest infringement news. More exciting content can be found on the WeChat public platform-“Maijia Support”. If a seller whose funds are frozen needs legal assistance in litigation and settlement, you can contact us through WeChat below, and we will provide you with the best legal consulting service.
WhatApp:+86 156 8077 8360
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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