To gain a foothold in the e-commerce circle, you must first understand some professional terms and the implicit “seller rules”, and also master certain countermeasures, so that you can have a basic guarantee for the development of the store. The following is about the temporary injunction in the e-commerce circle.
TRO is an order issued by the People’s Court at the request of the plaintiff in the litigation process, forcing the infringer to temporarily stop the infringement, and ordering one party to act or not act as a compulsory measure. In this regard, it can also objectively protect the rights and interests of consumers and aim to stop the occurrence of this infringement.
1. How to confirm
1) You can directly ask customer service when opening a case.
2) When the seller sees Temporary Restraining Order–see these three words, the seller may see the email received at the time and confirm that it is 100%. If you receive a TRO and cannot complain to unfreeze the account through normal channels, you must reach a settlement with the plaintiff, and the funds can only be unfrozen after the plaintiff withdraws the lawsuit.
2. Conditions for issuance
1) The possibility of the plaintiff winning the case mainly depends on the evidence of the prosecution.
2) The rights of the right holder are damaged and cannot be remedied.
3) The damage caused to the plaintiff by issuing a temporary injunction is less than the damage caused to the plaintiff by not issuing a TRO.
4) The defendant must take actions that damage the public interest, such as counterfeiting of products.
3. Statute of limitations
The statute of limitations for a temporary injunction is usually 14 days, after which the other party’s lawyer needs to apply to the court for an extension, and the applicant can apply for a preliminary injunction.
4. Injunction requirements
1) Prohibit the infringing merchant from continuing to operate. The most important thing is to prohibit any infringement, including counterfeiting, destroying records and transferring assets.
2) Prohibit third-party service providers from continuing to provide services to the defendant, or prevent funds from being frozen and assisting in the transfer of funds.
3) Regardless of the country, both the infringer and the third-party service provider must provide the plaintiff with relevant documents, including contact information, sales records and bank account records.
The above is the confirmation and issuance of temporary injunctions and injunction requirements in the e-commerce circle compiled by the editor. I hope it will be helpful to you.