NY Regulation Business Wins Bogus Counterfeit Case In opposition to Pinkfong Child Shark

Very long Seaside, N.Y., Dec. 17, 2020 /PRNewswire/ — Rosenbaum Famularo, P.C. has declared a significant victory in a trademark infringement lawsuit in opposition to The Primrose Lane, LLC, an Amazon seller of kid’s clothing and extras. The situation was tried out in the U.S. District Courtroom for the Southern District of New York by Neil Flynn, managing attorney of the firm’s litigation office.

Clever Examine, which owns the Pinkfong and Toddler Shark trademarks, sued Primrose for allegedly selling counterfeit Little one Shark solutions and received a temporary restraining order that froze Primrose’s Amazon account and shut down its storefront. The organization secured a dismissal of the circumstance, arguing that Primrose sells only reliable goods beneath the To start with Sale Doctrine, and certain the courtroom to award dollars damages to Primrose for shed income.

“We proved that our consumer has every ideal to provide these products and that the short-term restraining purchase ought to by no means have been issued. Also often intellectual home rights house owners acquire these injunctions towards innocent corporations with no supplying them a probability to prove their innocence,” reported Flynn, Esq.

“Short term restraining orders are perilous,” Mr. Flynn continued, “due to the fact they freeze a seller’s account, money, and inventory as soon as they’re filed with Amazon and other platforms. This can charge the seller tens, or even hundreds, of hundreds of dollars. When a vendor receives a non permanent restraining purchase, they will have to right away call a firm with experience successful instances in opposition to big brand names on Amazon.” 

“Counterfeit problems versus Amazon sellers are typically baseless because most of them market real solutions. When this happens, sellers have at minimum two lawful claims they can use in courtroom: defamation and interference with deal,” claimed CJ Rosenbaum, Esq., founding companion of the firm. “For the reason that we know the legislation and have handled a lot of conditions in opposition to massive brands, our achievements rate is bigger than of sellers who take care of the predicament on their individual or with a guide. We also can get better the funds damages sellers are entitled to from missing sales.”

About Rosenbaum Famularo, P.C.
Rosenbaum Famularo, P.C., is a boutique agency dependent in Lengthy Beach, New York, focused to serving individuals and providers that promote on Amazon.com and other platforms about the world. With workplaces in New York and China, fascinated sellers can call them at
AmazonSellersLawyer.com.

Speak to
Michelle Maldonado
[email protected]

Source Rosenbaum Famularo, P.C.

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