The seller was sued, and the red light therapy device ArmedPet muscle arm and spatula clamp defended

Mondo Health Updated on 2024-01-31

During the month of December, a series of potential rights protection cases were quietly fermenting, and now they are gradually surfacing.

1. Case information.

Case No. 23-CV-16994

Case filing time: December 21, 2023.

Plaintiff: Y**G

*Law firms: Renner, Otto, Boiselle & Sklar

This is a case involving a secret case in which the plaintiff is a Chinese seller. Jude found that the plaintiff had successfully applied for two U.S. design patents related to laser instruments.

The first patent relates to wristband lasers, which work by penetrating red light to stimulate the healing, regeneration, and pain relief of body tissues. The wristband laser** is rechargeable and easy to wear on the go, making it easy to relieve sore hands during busy periods.

The priority of the patent is a Chinese patent applied for on July 1, 2019, and the patent number is: CN2019303458636。Although the U.S. design patent was filed on July 30, 2019, it was granted on July 27, 2021.

The second patent relates to a hand-held pain relief device with 13 red light holes on a light panel, similar to the working principle of a wristband laser, i.e., red light is irradiated on the device for progress. The panel of the instrument is equipped with an LCD screen, which can display information such as time and power, and there are also control buttons below. The patent was filed on June 27, 2019, and was granted on November 9, 2021.

2. Case information.

Case No. 23-CV-15059

Case filing time: December 17, 2023.

Plaintiff: Export Commodity LLC

*Law firm: Sullivan & Carter LLP

Founded in 2018 to meet the urgent needs of the COVID-19 pandemic in 2020, Export Composite quickly expanded into the field of 3D printing, providing people with essential personal protective equipment and practical items. At this critical juncture, the company is not only committed to meeting urgent needs, but also focusing on the development of innovative and effortless products. As a result, the ArmedPET brand was born, focusing on the design and production of fun, practical and caring pet products.

The ArmedPet brand's first product features a simple, adjustable design that creatively makes them look like they have human or dinosaur arms when worn on pet chickens. The inspiration was a huge success and was loved and welcomed by users of major marketplaces such as Amazon, Etsy, and eBay.

Trademark Protection.

Enforce copyright.

3. Case information.

Case No. 23-CV-16432

Case filing time: December 1, 2023.

Plaintiff: Allstar Marketing Group, LLC

*Law firm: Sullivan & Carter LLP

The product that the plaintiff is defending is a unique 2-in-1 kitchen tool, a spatula clamp. Compared to traditional kitchen tongs, this tool has been completely upgraded, not only with a unique scraper flip function, but also with excellent clamping and holding ability, making it more convenient in kitchen operations.

Trademark Protection. The trademark of the product is "Clever Tongs", which belongs to 21 categories of household utensils, covering kitchen pliers and spatulas, as well as related service tongs.

Invention patent for spatula clamps.

The innovative design of this product not only makes it easy to complete the task of a scraper, but also can be used flexibly as a clip to provide users with a more convenient and versatile kitchen experience.

The popularity of the product is not accidental, and sellers must avoid falling into the "trap" of infringement. Remember, a brand doesn't suddenly become popular for no reason. If you are selling products such as red light meters, armedpet muscle arms, and spatula clamps, please carefully consider whether to continue selling them, as continuing to sell them is likely to lead to prosecution.

At the same time, many plaintiffs choose to conceal case information when suing for infringement, which makes it difficult for us to understand the specific content of infringement in a timely manner, and also increases the difficulty of avoiding the risk of infringement. Therefore, it is important to be vigilant, especially for products that suddenly go viral.

If an infringement has been made, the following suggestions can be taken:

Cease and Desist of Infringing Activity: Immediately cease the sale of the infringing product.

Removal of infringing content: Completely remove information related to the infringing product, including product listings, descriptions, and **, from the marketplace.

Contact the plaintiff: Take the initiative to contact the plaintiff or his/her ** to express sincere apologies, and consider compensating the other party with the frozen amount as a settlement fund. (This is suitable for sellers with a small amount of frozen money).

Finding help: Seek professional legal assistance. Since each case is unique, the sued seller needs to choose the most appropriate handling method according to factors such as the store's situation, the amount of the freeze, the processing time, and the degree of infringement.

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