Ference Law Firm filed a case on behalf of SLIDEAWAY brand (case number: 21-cv-1665), and the seller successfully unfrozen it only three days after receiving the withdrawal letter! Those who share the same desire win, and those who are in the same boat win!

Recently, the scene of welcoming Christmas can be seen everywhere. The lights are on and the atmosphere is strong. On both sides of the street, Christmas trees in transparent windows, or Santa Claus stickers in red and red hats. Then, New Year’s Day is about to open a new year of good life in 2022.

Mai Jia’s support is also a good news, and many sellers’ accounts have been unfrozen, whether it is a case involving HSP law firm, Ference law firm or GBC law firm. Let’s share this case of the customer with case number: 21-cv-1665.

Basic information of the case

Time of filing the case: November 16, 2021

Case number: 21-cv-1665

Plaintiff brand: SLIDEAWAY

Brand: Broadway Pine Brands LLC

Law firm: Ference

SLIDEAWAY trademark information

When the seller found us on November 22nd, the Mai family support team immediately set up an ad hoc group to analyze the basic situation of the whole case and contacted the other law firm on the same day. As the previous days coincided with Thanksgiving Day in the United States, and the case was temporarily in the sealed stage, I did not receive a substantive positive reply from the other party. During this period, customers are anxious to wait. Apart from appeasing customers, we also made a pre-judgment and analysis of the whole case, and made corresponding strategies according to relevant information. Finally, the first offer was made on November 27th: 20,000 dollars. This price really made people feel unacceptable. Then the team initiated a communication meeting on this case to find a breakthrough. After many negotiations, the other party was reduced to 10,000 US dollars on December 2. At this time, the other party clearly stated that it was the lowest price and could not be lowered, but for the sake of customers’ interests, We continued to launch a strategic attack on Ference & Associates Intellectual Property Law for this case, and finally frozen tens of thousands of dollars to get the other party to withdraw the lawsuit. Immediately, on December 15th, the client signed a settlement agreement, on December 16th, he got the other party’s countersigning agreement, and on the 20th, he got the other party’s withdrawal letter. Finally, at noon on December 22nd, he received the customer’s statement that the account could be withdrawn.

As for the above cases, I want to tell you that when encountering infringement cases, don’t panic at first, but calmly and rationally analyze them. First, understand the reason why the account is frozen, confirm the source, and then remove the infringing products. Because the plaintiff will apply for freezing the e-commerce account and funds at the same time when filing a case in the court. The court will hold a hearing before freezing accounts and funds. This is one of the opportunities for merchants to prevent the freezing of accounts and funds. Because the time from receiving the email notification from the e-commerce platform to the court hearing is very short, our cross-border e-commerce sellers in China usually miss the court hearing time when they realize that the account funds are frozen. Therefore, when the merchant receives the email notification from the e-commerce platform, it is necessary to contact the lawyer at the first time, and whether it chooses to settle or respond to the lawsuit, it must respond accordingly.

In fact, cross-border e-commerce sellers frequently encounter trademark and copyright infringement lawsuits, and PayPal accounts are fished. In addition to the severe crackdown by the US government and the fishing behavior of some rogue law firms in the United States, cross-border e-commerce merchants also have their own problems, that is, the legal awareness of intellectual property rights is too weak, and they lack understanding of brands and basic judgments on infringement and trademark patent infringement.

If everyone can make a comprehensive analysis of each seller’s products before they are put on the shelves, make early warning of infringement in time and avoid risks in advance, then the probability of infringement can be greatly reduced.

When cross-border e-commerce encounters a lawsuit, some people will feel that it is no big deal, ignore it, and even some directly intend to give up the store; Others were panicked when they received litigation documents from American plaintiff’s law firm. Faced with their unfamiliar language and unfamiliar legal environment, they are often scared off by the thought of the possible costs of litigation in the United States, which leads to missing the best settlement time and bearing compensation ranging from one thousand to two million dollars. After the account is emptied, it is often permanently frozen, and even because the amount is not enough for compensation, other accounts of the defendant continue to be frozen.

In fact, since things have happened, it is good for us to find a solution quickly. If we ignore it, the final result will be that the account number and funds will be frozen and emptied to compensate the plaintiff after the default judgment. Although the settlement can last until after the default judgment, lawyers will adopt different settlement strategies at different stages of litigation. After the default judgment, the bargaining chip that the merchant can negotiate with the other party is very limited, so it is difficult to obtain a relatively reasonable settlement amount. Only by hiring a lawyer to intervene in the case as early as possible and contacting the plaintiff as early as possible can we highlight the advantages of settlement and finally achieve satisfactory settlement results. Therefore, Mai Jia supports and reminds sellers to seek professionals and professional cross-border service providers to unite with overseas law firms with good reputation to get effective help and avoid taking some detours. At the end of the case, sum up experience and analyze the reasons to avoid this kind of situation again.

Thank you for reading, and today’s sharing is over. Maijia Support continues to bring you the latest infringement news. More exciting content can be found on the WeChat public platform-“Maijia Support” to instantly check the latest trend of your US case, whether there is a default judgment and the counterclaims of other sellers [real-time synchronization of US judicial case system data]. If a seller with frozen funds 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.