If you found this page because you are named in the above case, Amazon and/or Ebay has likely already locked down your funds and potentially suspended your selling privileges. You are likely one of hundreds of sellers named in this suit, the full list of which is "under seal" (hidden by court order).
We've specifically set up this page to locate sellers caught up in this law suit and collectively mount a quick and efficient defense on your behalf.
In the case of Plaintiff versus The Partnerships and Unincorporated Associations Identified on Schedule A, the Plaintiff has initiated legal action against multiple Defendants for copyright and trademark infringement. The Plaintiff alleges that the Defendants operate online stores under various Seller Aliases, targeting consumers in Illinois and throughout the United States. These Defendants are accused of selling and distributing products that infringe upon the Plaintiff’s registered trademarks and copyrights without authorization, thereby causing significant financial and reputational harm to the Plaintiff.
The Plaintiff seeks injunctive relief to prevent further unauthorized use of its intellectual property, demands the destruction of infringing materials, and requests the Defendants to account for and pay all profits derived from their unlawful activities. Additionally, the Plaintiff is pursuing damages for the irreparable harm caused by the Defendants' actions, including actual damages, statutory damages, and reasonable attorneys’ fees. The legal action is grounded in violations of the Lanham Act, the Federal Copyright Act, and the Illinois Uniform Deceptive Trade Practices Act, asserting that the Defendants’ conduct constitutes unfair competition and deceptive trade practices.
Keheler Appellate Law Group is located in downtown Chicago near the Northern District of Illinois Federal Court House where this case has been brought (see map).
How We Can Help
Our firm has helped thousands of sellers affected by Schedule A Defendant cases expediently regain access to their funds and restore their selling priveliges with Amazon in the past few years. We specifically set up this page as a resource for sellers who have been caught up in these cases - the more sellers we represent for a particular case, the more efficient the process becomes.
How long does it typically take to get my funds unfrozen?
The first thing we do when we take on a client in these cases is - if settlement negotiations are futile - have the asset restraint removed or reduced as quickly as possible. Typically, this can be done in a few weeks. Of course, every case is different, and many times the timeframe depends on the online platform used and the judge. Given the time element, we often suggest sellers try and settle to get the store back up and running. However, we are not afraid to litigate.
I don't think my product infringes on the IP in this case at all. Can I simply ask the court to have the case dismissed?
Yes you can file a motion to dismiss, but unfortunately, these are fairly long and convoluted. They also will require a full briefing schedule which typically takes a month or more as it includes an opening motion by the seller, a response by the plaintiff, and a reply by the seller. The Court will then typically rule in a few months after that, so the process can be very slow.
If I win or settle my case, what are the next steps to getting access to my seller account/funds?
After your case has been settled or we are otherwise able to have the TRO removed, the plaintiff's attorney will notify the platform that you are no longer subject to the TRO. The platform will then remove the TRO-related restrictions from your account. This can happen in as little as a couple days, but unfortunately as with anything Amazon-related it can take weeks in some situations.
Are you able to petition the court to have the TRO lifted so I can continue to do business while the case proceeds?
Sellers can challenge the injunctive relief and ask that it be lifted while the parties litigate. However, given the legal standards, this can be a heavy burden for sellers. The merits of this strategy will be case sensitive.
How much do your services cost?
The final cost of representation varies based on many factors, such as whether or not the plaintiff is willing to settle, and the amount of litigation involved. Additionally, the work involved will vary in each case depending where the case is procedurally when we get retained.
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