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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. Copyright by OMNIA Studios
- Plaintiff: OMNIA STUDIOS, LLC
- Case Number: 2024-cv-04145
- Prosecution date: May 20, 2024
- Reason for prosecution: Copyright infringement
OMNIA Studios was founded in 2013 by artists Keri Newton and Nathan Allen. Known for blending history, myth and natural beauty, the studio is dedicated to creating unique wearable art that transcends market norms.
Image source: OMNIA Studios
Behind every work are the endless efforts and sweat of the artists. Therefore, OMNIA attaches great importance to the protection of copyright and has fully registered the copyright of all its works of art with the U.S. Copyright Office .
Although the case was filed as early as May 20, the court did not formally sign the preliminary injunction until August 9. Currently, 52 cross-border stores have been TROed due to infringement, and these stores are located on e-commerce platforms such as Amazon, eBay, and Walmart.
OMNIA Studios firmly defends its copyright rights and interests and makes it clear that any unauthorized distortion, modification, sale or display of its copyrighted works without official written permission will face severe legal sanctions. For willful infringement, each infringement will be fined up to $150,000.
In addition, in order to collect more extensive infringement clues, OMNIA Studios has specially marked the mailbox for copyright infringement reports on its official website, and sincerely invites all customers and the public to supervise. Once someone is found to have deliberately tampered with copyrighted works to seek improper benefits, especially infringements on major e-commerce platforms such as Amazon and eBay, please report to OMNIA Studios immediately to jointly maintain a good copyright environment.
2. Teddy Bear Slipper
- Prosecution date: August 16, 2024
- Reason for prosecution: Copyright infringement
- Court: United States District Court for the Northern District of Illinois
The plaintiff, Aidong Zou, is the chief shoe designer of a well-known clothing wholesale company in Guangzhou. His works are always full of creativity and imagination. He devoted a year of hard work to design a pair of teddy bear slippers that perfectly combine warmth, cuteness and comfort.
Image source: Teddy Bear Slipper website
In 2016, Aidong Zou conducted internal testing on the slippers, inviting some friends and customers to try them on and give feedback. After years of unremitting efforts and repeated optimization, the Teddy Bear slippers quickly became popular in the market once they were launched. Many similar products are on sale on various e-commerce platforms, and the sales volume is also very impressive.
After searching, it was found that there were four searchable copyright records registered in the name of the plaintiff in the United States Trademark Office, each of which was related to Teddy Bear Slippers.
Although this case focuses on the copyright of teddy bear slippers, the plaintiff also has a related patent in the United States Trademark Office, with patent number US D990,835 S and approval date of July 4, 2023.
3. Barbie
- Case Numbers: 24-cv-06927; 24-cv-06944; 24-cv-06925; 24-cv-06931; 24-cv-06923; 24-cv-07048
- Prosecution date: August 7, August 9, 2024
- Reason for prosecution: Trademark infringement
- Court: U.S. District Court for the Northern District of Illinois
The plaintiff, Mattel, Inc., is a world-renowned toy manufacturing giant. Since its establishment in 1945, it has been deeply engaged in the design, production and sales of children's products. It owns a series of world-renowned brands such as Barbie, Hot Wheels, Thomas & Friends, American Girl, and Fisher-Price.
Among them, Barbie is one of Mattel's most famous brands. The Barbie doll made its debut at the American International Toy Fair on March 9, 1959, immediately attracting public attention and quickly growing into a highly sought-after toy model.
After decades of development, Barbie has gone far beyond the scope of toys. It has become a cultural phenomenon that transcends age boundaries and has a huge fan base in the adult world. The independent female spirit conveyed by Barbie has become a microcosm of the spirit of the times. According to statistics, the sales volume of Barbie dolls worldwide has exceeded billions.
It is worth noting that the BARBIE trademark has been closely associated with Barbie dolls since it was first used in 1959, becoming a symbol of product identity and quality. As the Barbie brand grows, the commercial value of the BARBIE trademark and its related trademarks (collectively referred to as the "BARBIE trademarks") has also risen.
Recently, Mattel has once again focused its attention on the protection of Barbie's trademark rights. In response to a series of infringements, it has filed six lawsuits in a row within just three days . Five of them were filed on August 7, and the other was filed on August 9.
The number of defendant sellers involved in this lawsuit is huge, and it is estimated that hundreds of stores will be caught in the TRO vortex.
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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