Many cross-border e-commerce sellers dream of creating best-selling products that dominate Amazon's marketplace. However, behind every hot product lies significant risks, particularly the danger of intellectual property infringement that can lead to listing removals and account freezes. The situation becomes even more daunting when industry giants wield their IP rights aggressively against smaller sellers.
Skechers: The "Silent Giant" of Footwear
Recently, Skechers, the global footwear giant, has become the latest brand to launch large-scale infringement lawsuits through aggressive legal representation. Founded in 1992, Skechers has grown to become one of the world's most popular footwear brands and the second-largest athletic footwear brand in the U.S. market, right behind Nike.
On Amazon, Skechers maintains a dominant presence with multiple products receiving over 10,000 reviews and consistently ranking at the top of Best Seller lists. One particular product boasts an astonishing 65,000+ reviews, cementing its status as a true blockbuster.
14 Trademarks That Could Sink Your Business
The current Skechers litigation involves 14 registered trademarks, with the brand name "SKECHERS" and its distinctive "S" logo being particularly problematic for sellers. These trademarks include:
- SKECHERS
- S Logo
- Various related trademark variations
Beyond these primary marks, Skechers holds numerous additional registered trademarks that sellers must carefully avoid. Any unauthorized use could result in infringement claims.
The Triple Threat: Trademarks, Patents, and Copyrights
Trademark infringement isn't the only concern. Skechers holds numerous design patents, and products bearing close resemblance to their protected designs may constitute patent infringement. Furthermore, examination of U.S. Copyright Office records reveals extensive copyright registrations covering product designs, packaging, and marketing materials.
In essence, Skechers represents a high-risk brand encompassing all three major IP infringement categories: trademarks, patents, and copyrights. Sellers must implement comprehensive risk assessment protocols to avoid costly legal consequences.
Recent IP Cases Every Seller Should Know
Beyond Skechers, several other notable IP cases have emerged recently that sellers should monitor:
1. Mercyful Fate: Heavy Metal Band's Legal Strike
Universal Music GmbH, representing Danish heavy metal band Mercyful Fate, filed two cases (22-cv-5231, 22-cv-5235) on September 26 for trademark infringement involving the band name and associated logos.
2. King Diamond: Veteran Musician's IP Protection
The legendary Danish heavy metal artist King Diamond filed two cases (22-cv-5300, 22-cv-5306) on September 28 regarding unauthorized use of his name and associated imagery.
3. Red Light Therapy Belts: Design Patent Enforcement
Shenzhen Yihong Lighting Co., Ltd. initiated a case (22-cv-5301) on September 28 concerning design patent infringement (USD959683S) for their red light therapy belts.
Protecting Your Business from IP Risks
For sellers operating in these product categories, thorough IP verification is essential before listing any items. Immediate action should be taken when potential infringement is identified.
If facing legal action, sellers should immediately consult specialized IP attorneys. Professional legal representation can typically resolve such matters within 1-3 months while minimizing financial impact.
Essential Risk Mitigation Strategies
- Comprehensive Research: Conduct exhaustive IP searches during product selection to verify clearance.
- Content Caution: Avoid unauthorized use of protected names, logos, designs, or copyrighted materials in listings.
- Ongoing Monitoring: Regularly review product listings for potential infringement risks.
- Professional Guidance: Seek qualified legal counsel for IP questions or litigation matters.
The cross-border e-commerce landscape offers tremendous opportunities but requires constant vigilance against IP pitfalls. Only through diligent risk management can sellers navigate this competitive marketplace successfully.