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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Your payouts are currently on hold because your eBay payment account is restricted. A U.S. Court has directed eBay to freeze your account. Please reach out to plaintiff’s attorney at martin@tme-law.com for more information and to resolve the matter.
 
Court Order Details
Court: U.S. District Court for the Northern District of Illinois
Plaintiff: Crowvision
Trademark/Copyright/Patent at issue: Crow Trademarks
Court Case Title: Crowvision (23-cv-13934) v. The Partnerships and Unincorporated Associations Identified on Schedule “A”

eBay did not decide to freeze your account, it was ordered to do so by a judge.  Please understand that eBay cannot release this freeze on your payouts until we receive instructions from the plaintiff’s attorney, or we receive a copy of a notice of dismissal or satisfaction of judgment that has been filed with the court. This matter must be resolved with plaintiff’s attorney or defended in court. Plaintiff’s attorney can be contacted at the above email address.  An attorney can explain to you how to defend the lawsuit in court.
If you have not heard from plaintiff’s attorney after 5 days, we will be happy to request they respond to you. If you need us to reach out, please contact VeRO@ebay.com.

Regards,
eBay

 

Here is the story:

Im from Mexico, in Mexico

I recieved this message via ebay messages, my account is restricted, also tfreezed my Paypal Account.

I sold via ecrater this artisan plastic made figure of the crow on Janauary 2023, got that figure in a ambulant market swap here in Meixco for $1 USD , ebay also took down the listing (forgot to erase it from my listings).

So,  inmediately wrote to those lawyers asking what happened, they replied in 2 days with an offer of $2,000 USD to end it and most important to confirm if my paypal acount was at $0.00 yes, I confirmed them that  that, bet they expected more in my PP

I wrote them again explaining how I got the figure,  apologize them that didnt knwe that was not permited to sell that artisan figure, also I didnt had that sum of money, so I told them iI got a hold  $100 USD but since my PP is frozen with $0.00 how could I pay them? I cannot send/withdraw funds.

They seize your PP to get money, what they dont know is that:  in my country PP automaticallt withdraws any fund to your bank account, they do this to prevent money laundery or ilegal activities, so, when I receive a PP payment from elsewhere,  for example $10 USD, that money will be in paypal a couple of minutes and automatically withdraws to the bank. 

Im waiting for an answer.

P.S. Any body also on this lawsuit?

 

Message 1 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Consult with an attorney.

If you made $2000 from selling the item I could understand,  but if you didn't  I'd be inclined to tell them to pound sand and tell them to talk to your attorney.

View Best Answer in original post

Message 4 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

No, I’ve never had a lawsuit. No one here can help you with that. You should get a consult with a lawyer. 

Message 2 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Court system is dumb and allow small sellers who don't do anything wrong to be swept up in these big SAD schemes.

 

If you wanna learn more about these issues check out this article.

 

https://www.ecommercebytes.com/2023/07/16/small-sellers-are-getting-swept-up-as-brands-weaponize-the...

 

You might want to get a lawyer to try and separate from the suit if your sale was legitimate.

Message 3 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Consult with an attorney.

If you made $2000 from selling the item I could understand,  but if you didn't  I'd be inclined to tell them to pound sand and tell them to talk to your attorney.

Message 4 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Ok, here is the SAD thing explained!

 

https://deliverypdf.ssrn.com/delivery.php?ID=0021110690220960701070650910101121131210040040030910070...

 

So, I expect to be dismissed, no need for a lawyer to consult all explained in the link.

My advise: Dont sell to Illinois users most of these lawsuits originate there. My artisan figure was sent to Illinois.

 

Message 5 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Hello 

I sold the figure in ectrater plataform

Message 6 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

they replied in 2 days with an offer of $2,000 USD 

 

@team-mms 

Please read the link provided by  @robbie31415  in message #3 to see what this is.   This is some new court sanctioned (at least in Illinois, and Florida) in the US that mandates that your selling venues hold your payouts.   If you have anything for sale here, end them for you will not be paid for anything so long as this restriction is placed on your account by eBay. PayPal, or whatever income stream you have coming in. 

It is plain old extortion, but somehow becoming a legal way to do it here in the US.  The "schedual A"  lists that we have seen list the people they are suing by their eBay or other  ID, and no longer have to be "served" in person or by registered mail...  The emails they send sound like the usual "scammer emails" we get from those princes in Nigeria that want you to help them get their ten billion dollar inheritance.  They are often disregarded as scams, and that is what the lawyers are counting on. 

eBay has not provided any information as to what a member should do in these instances, but for those in the US at least there can be worse consequences.  






Message 7 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Hello,

 

I'm in the UK and i've been banging on about these cases since early last year in the UK community forum. I've also spoken to some ebay legals about it to. They obviously cannot do anything about it but are concerned as a lot of the UK sellers are considering switching off the international shipping to avoid any future cases.

link to the UK thread   - I have kept this thread going since 2022 because it's important for any seller that gets a summons to be able to come to the forums and find support and i keep updating when I know of another major complaint happening.

I've read a fair few comments in a lot of posts about these SAD cases. When anyone says ignore it, please ignore that advice unless they have any experience of these cases. If you ignore it, you run the risk of having your ebay account closed permanently, and any future ones. The final order, goes to ebay and gives the instruction when the attorney follows through with it, along with handing over any money they have already restrained (if applicable). 

These cases always target none US sellers. From to time a few US ones end up in a case, and that's purely accidental by the plaintiffs attorney. Anyone in the US that gets this, check the wording of the complaint. If it says sellers are foreign in the bit about defendants, the attorneys should agree to dismiss as you are not their target.

For all none US sellers, the laws in the US will be different to your home country and the point of these complaints are to confuse and legally extort money from you when you may have done nothing wrong. Do not reply straight away without either getting legal advice or feel free to drop me a private message. Click my name and look for the contact button. Please only contact me on the forum messages or reply to this. I cannot reply through my ebay shop.

Recently there was a Smiley case, one of many many cases from this IP holder. This one targeted hundreds of etsy sellers. All the shops were suspended. They all managed to find each other from forums and clubbed together to get an attorney in the US to fight. They have all been dismissed, after a fair bit of time. Although they are now able to sell again, a lot of them reported their business struggling as they they lost any rankings they had.

These lawsuits are coming mainly from Illinois, but most of the ones recently that have come to our forums or people have contacted me about, are from Florida. They sometime come from California too.

If anyone has read this, it's a lot. Thank you for reading 🤗

Message 8 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Hello: Thanks for your reply

Im from Mexico, Mexican, these are the links of  2 lawsuits, involved and will explain both:

 

-The Crow

https://www.tme-law.com/case/23-cv-13934

This came in october 2 2023 they freezed my Paypal.

On ecarter I sold an artisan plastic figure of the crow (movie) back in january 2023 I sent the figure to Illinois, they use as a proof.

They aslo limited my ebay account for listing the same figure (another one)

I wrote back, asking what happened, they replied this:

 

Hello,  

 You are advised to seek U.S. counsel.  We represent Crowvision, Inc. (“Plaintiff”), owner of the THE CROW trademarks (the “Crow Trademarks”), in intellectual property enforcement matters. I have attached evidence showing you offering for sale and/or selling products that infringed the Crow Trademarks. PayPal records indicate that $0.00 is restrained in your PayPal account. Please confirm.   

 

By entering the Temporary Restraining Order in this case, the Court has already found that we are likely to succeed on our trademark infringement and counterfeiting and false designation of origin claims.  Pursuant to 15. U.S.C. § 1117(c), a trademark owner may elect to recover an award of statutory damages for any use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services. If the trademark infringement is committed willfully, trademark owners may recover up to $2,000,000 per counterfeit mark.  See 15 U.S.C. § 1117(c)(2). “Willful infringement may be attributed to the defendant’s actions where he had knowledge that his conduct constituted infringement or where he showed a reckless disregard for the owner’s rights.”  Deckers Outdoor Corp. v. Does 1-55, No. 11 C 10, 2011 WL 4929036, at *5 (N.D. Ill. Oct. 14, 2011) (citing Lorillard Tobacco Co. v. S & M Cent. Serv. Corp., No. 03 C 4986, 2004 WL 2534378, at *7 (N.D. Ill. Nov. 8, 2004)).   

 

Based on the attached evidence and the fame of the Crow Trademarks, we have concluded that you were willful in your infringement of our client’s intellectual property rights. The Crow Trademarks have achieved widespread recognition and fame and are some of the most well-known marks in the entertainment industry. Our client also did not authorize you to use the Crow Trademarks.  

 

In light of the above, our client is willing to settle the case for $2,000.00.  This amount is reasonable in light of the relevant caselaw described above, attorney’s fees and full costs for bringing the case, and our client’s goal to deter further infringement of its intellectual property rights.  This offer is also conditional upon the understanding that your financial accounts connected to e-commerce marketplaces have $0.00 restrained.  

 

Please let me know if you are willing to agree to the above and I will send a settlement agreement in due course.  This settlement offer will expire on October 9, 2023.

 

So, wrote them back that I was sorry for this, that I didnt knew bla bla,  and that I had no money  a bankruptcy due to this matter, told them that I could pay them $100 they refused. Proposed them again  sending the $100 via a moneygram, they refused.

 

-The Texas Chainsaw massacre

sullivancarterlaw.com

23-cv-08082

This came 10 days later, in october 10 2023 paypal freezed (well, was freezed already beacause the other one. 

I had listed in ecrater an artisan figure of leatherface (texas chainsaw massacre), never sold the figure.

Wrote them that I was sorry, an apology, that I never sold the figure etc, basically the same stuff of the crow.

 

Now, my paypal is always on $0.00 balance why? due to mexican regulations since 4 years ago, its not permited to have a positive paypal balance, this is to prevent money laundering, so, If I recieve a payment for $100 it will stay there for a couple of minutes and automatically will be transfered to my mexican bank account. Since this happned , erased all my emails regarding paypal payments, so no monet will be freezed there.

 

From this scams I discovered this super useful site. its in chinese, use a translator

https://sellerdefense.cn/ 

Message 9 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

How could you know that most of these lawsuits originate in Illinois?

Message 10 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Their atty is in IL, and they probably purchased the item so they would have proof it was counterfeit or to prove it was purchased from someone that didn't  have a written copyright agreement with Crowvision. Thus, the "don't  sell to IL" comments.

Message 11 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Fake Rolex, Louis Vuitton, Coach, Nike's amongst other things from "Other" countries are OK. Unbelievable! 

Message 12 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

Nike case 23-cv-14323

Adidas 23-cv-61857

 

This trend of these mass lawsuits may soon see a lot less fakes knocking about. But they really need to target the right people. They are simply typing a keyword into search and then screenshotting the first 500 sellers they find, so there are completely innocent people that are collateral damage. 

Message 13 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

I'm sorry I don't know what an artisan figure is? Is it handmade based on the character of a film? 

Message 14 of 28
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Received a lawsuit: Trademark/Copyright/Patent at issue: Crow Trademarks

That's what I'm thinking. Basically an unlicensed figure.

 

But these lawsuits are getting out of hand. Note the language from the Crow TM folks. Lot of flowery **bleep** in there - since when is the Crow a world renowned TM?

"If a product doesn't sell, raise the price" - Reese Palley
"If it sold FAST, it was priced too low" - also Reese Palley
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