Cross-border sellers often infringe copyright, but once they are sued by a law firm for infringement, the seller will face the removal of the listing and the freezing of the account funds. Therefore, once this happens, the infringement settlement is a life-saving straw. The following is a summary of some common problems in infringement settlement, which sellers can use as a reference.
1. What is the general settlement amount?
The settlement amount mainly depends on the frozen amount, as well as the sales of infringing products and the sales of infringing products.
Legally, the plaintiff’s bottom line is at least the defendant’s sales price under normal circumstances. On this basis, the plaintiff’s lawyer will try to ask for a higher price.
2. After the infringement, should all the products in the store be removed from the shelves?
No, non-infringing products can be sold normally.
3. Can the goods be shipped after freezing?
The infringing account filed is frozen, and generally only the infringing products reported are removed from the platform, and other products can operate normally. If a lawyer has been entrusted to mediate, the settlement money will be withdrawn according to a certain proportion of the frozen account funds on that day. If you want to apply, it is recommended to suspend shipment. The application time is relatively long and there are many uncertainties.
4. Will there be another complaint after mediation?
The solution is the previous store’s infringement. If there is infringement again after the settlement, there will still be complaints.
5. Can the funds be carried forward during the freezing period?
After the case is decided, the other party’s lawyer can apply to the court for execution, and the funds will be transferred after the execution of the fund procedures.
6. Can the plaintiff’s lawyer be contacted for a solution?
The defendant’s direct contact with the other party is generally ignored. It is recommended to appoint a local American lawyer with experience in handling related cases.
7. Does the transaction have to be successful for the other party to complain?
No, putting the infringing products on the shelves for sale or promoting the infringing products in the store constitutes infringement. The purpose of the other party’s legal advisor’s fishing purchase is sometimes to obtain physical evidence and increase the integrity of the evidence, and more often to obtain information.
8. Will the settlement amount be settled according to the amount on the freezing day?
Usually the amount on the freezing day. As long as the case is not resolved, it is not recommended to continue selling in large quantities to avoid greater losses.
The above are some common problems in the cross-border sellers’ infringement settlement compiled by the editor. I hope it will be helpful to you.