As peak shopping seasons approach, cross-border e-commerce sellers are gearing up to achieve record sales. However, a sudden surge in intellectual property infringement lawsuits against online marketplaces has emerged as a significant threat, potentially leading to product listing removals, frozen store funds, and substantial financial penalties.
Over 40 cases filed within just two weeks have caught many sellers unprepared. The lawsuits target both familiar brands with established infringement histories—including "Poppy Playtime," "Hula Hoop," "Assassin's Creed," and "Emoji"—and newly assertive rights holders. Industry experts urge sellers to exercise extreme caution and conduct thorough compliance checks.
Persistent Risks From Established Brands
Several brands continue to generate frequent infringement claims despite repeated warnings. Sellers must avoid using protected brand names, characters, or design elements—particularly in product titles, descriptions, and search keywords—without proper authorization. Comprehensive research into each brand's specific protection parameters remains essential.
Emerging Legal Threats for Online Sellers
Recent litigation reveals several new intellectual property enforcement actions requiring seller attention:
1. Sonic the Hedgehog: Dual Trademark and Copyright Exposure
The iconic video game character, owned by Sega Corporation, prompted litigation (Case No. 22-cv-5479) on October 6 through TME Law, P.C. Additional undisclosed cases filed on October 11-12 may involve related claims.
- Trademark: Unauthorized use of "SONIC THE HEDGEHOG" in product listings violates registered marks
- Copyright: Protected elements include character designs, artwork, and musical compositions
2. Liforme Exercise Mat: Patent and Copyright Claims
The UK-based fitness equipment manufacturer filed suit (Case No. 22-cv-5575) on October 11 through THOITS LAW regarding its yoga products:
- Design Patent: USD785105S covers the mat's distinctive appearance
- Copyright: Protects original creative elements incorporated in product designs
3. Superdry: Comprehensive Trademark Protection
DKH Retail Limited initiated proceedings (Case No. 22-cv-7848) on October 7 through EPS regarding its Japanese-inspired streetwear brand. The company maintains extensive trademark registrations, including distinctive Japanese character elements often overlooked by sellers.
4. Smart Backlight Clock Technology: Utility Patent Enforcement
Centre Way Company Limited holds US Patent 7,477,229 for "Clock with Intelligent Backlight Device" since 2009. Sellers offering similar functionality must verify technical specifications against the patented invention.
5. Vacuum Blender Base: Design Patent Litigation
NuWave's lawsuit (Case No. 22-cv-5574) filed October 11 targets the distinctive base design of its blending appliances, protected under USD851444S. The case highlights risks associated with visually similar product components.
6-8. University Trademarks: Institutional Brand Protection
Three American universities—Alabama, Nebraska, and Auburn—have recently pursued trademark enforcement regarding unauthorized use of:
- Official institution names and abbreviations
- University logos and insignia
- Other protected brand identifiers
Legal Response Strategies
Specialists recommend immediate action when facing infringement allegations:
- Cease all sales of potentially infringing products
- Retain qualified intellectual property counsel
- Evaluate defense or settlement options based on case merits
Typical resolution timelines range from one to three months, depending on case complexity and legal strategy. The increasing frequency of enforcement actions underscores the critical importance of proactive intellectual property compliance in global e-commerce operations.