Welcome to the new column - [Infringement Warning]. This column is updated weekly to provide sellers with the latest product recall information, infringement case inventory and product risk warnings. 1. Thrive Causemetics Trademark
- Plaintiff: Thrive Causemetics, Inc.
- Prosecution date: September 17, 2024
- Reason for prosecution: Trademark infringement
- Court: U.S. District Court for the Northern District of Illinois
Thrive Causemetics is a clean beauty brand founded by Karissa in 2015. The brand focuses on "pure natural ingredients" and is committed to ensuring the safety and effectiveness of its products through research and development innovation. Thrive Causemetics adheres to vegan and cruelty-free formulas, which fits in with modern consumers' pursuit of health and environmental protection.
Thrive Causemetics has a rich product line, covering multiple categories including eye makeup (such as mascara, eyeliner, etc.), facial makeup (such as foundation, blush, etc.), lip makeup (such as lipstick, etc.), etc. It also launched a number of skin care products to fully meet the diverse needs of consumers.
Image source: Thrive Causemetics
Not only that, Thrive Causemetics is also passionate about charity and has donated more than $150 million in funds and products.
Recently, a case involving this brand has attracted widespread attention. It is reported that the platforms involved in this case include Amazon, Temu, etc., and as many as 138 sellers were accused.
The following are the relevant trademarks involved in this case:
Currently, the case is at the TRO stage, and a preliminary injunction was applied to the court on October 17. Therefore, sellers involved in the relevant trademarks should conduct corresponding investigations as soon as possible to avoid unnecessary legal risks.
2. Patent for mobile phone magnetic base
- Prosecution date: October 20, 2024
- Reason for prosecution: Patent infringement
- Court: U.S. District Court for the Northern District of Illinois
A magnetic phone stand is a device designed specifically for supporting a mobile phone. It uses magnetic attraction to firmly support the phone, making it easy for users to fix the phone in the desired position when watching videos, making video calls or performing other operations.
This type of product has a wide range of applicability and is suitable for almost all brands and models of mobile phones, as long as the mobile phone or its protective case contains metal components that can be attracted by magnets.
This case involves the appearance patent of a mobile phone magnetic base. The patent number of this product belongs to a Chinese seller, the patent number is US D944,787 S, and its approval date is March 1, 2022. Since the patent was approved, any similar products sold may face the risk of infringement.
It is worth noting that the plaintiff in this case has not yet filed a TRO, but sellers of similar products still need to do a good job of self-examination to avoid potential legal disputes.
3. Harry Potter
- Plaintiff: Warner Bros. Entertainment Inc.
- Case Nos.: 24-cv-09879; 24-cv-09867; 24-cv-09850; 24-cv-09841
- Prosecution date: October 10, 2024
- Reason for prosecution: Trademark infringement
- Court: U.S. District Court for the Northern District of Illinois
Since the first movie was released in 2001, the Harry Potter (HP) series has quickly won huge box office revenues around the world, and its influence has soared. This series has not only made a big splash in the entertainment field, but has also had a profound impact on multiple levels, including culture and society.
At the same time, HP-related peripheral products have sprung up like mushrooms after rain, and the derivative product lines are extremely rich, covering a wide range of fields. Warner Bros. (WBEI) is responsible for marketing and selling various Harry Potter and Fantastic Beasts brand products, including movie character dolls, exquisite replicas of props such as magic wands, and magical clothing such as wizard robes.
In addition, many co-branded products have been launched, such as fashion items launched in cooperation with major clothing brands, which combine HP elements with fashion trends. At the same time, daily necessities such as stickers, refrigerator magnets, night lights, etc. have also cleverly integrated classic HP elements and are deeply loved by fans around the world.
Image source: Harrypotter Shop
Over the past two decades, HP has remained popular. Since October this year, the HP series of movies have been re-screened around the world, creating another wave of popularity. However, with the hot sales of HP products, many unauthorized peripheral products have emerged. In order to safeguard its own legitimate rights and interests, the plaintiff needs to invest a lot of resources every year to safeguard HP-related trademarks and copyrights. Just this month, the plaintiff has filed four lawsuits against the HP trademark.
It is worth mentioning that many trademarks originating from HP have been successfully registered with the United States Patent and Trademark Office, and HP products usually contain at least one registered trademark of WBEI. WBEI uses its trademarks, including the following registered trademarks, collectively referred to as "HP trademarks" in the marketing of HP products.
We would like to remind all sellers that unauthorized commercial sales will constitute infringement. Sellers involved in related products must conduct self-inspections to prevent infringement.
In general, "no matter how small the infringement is, it is a big deal". Nowadays, e-commerce platforms such as Amazon, Shein, and TikTok Shop pay more and more attention to intellectual property rights. Therefore, sellers should also be vigilant in their business operations, prevent infringements, and strengthen their awareness of self-protection.
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