Have you ever been drawn to nostalgic childhood icons when selecting products? The imposing presence of Godzilla, the rock-and-roll spirit of The Beatles, or the futuristic appeal of Neon Genesis Evangelism? What many sellers don't realize is that these seemingly safe "childhood memories" may harbor significant intellectual property risks.
Cross-border e-commerce sellers are currently facing a new wave of infringement lawsuits, with law firms like GBC targeting popular IPs. This article examines the most frequently cited brands in recent litigation to help sellers navigate these legal minefields.
GBC's Updated "Watch List": High-Risk Brands to Avoid
When selecting products, sellers must consider not just quality and market demand but also intellectual property concerns. Infringement can result in anything from product removal to substantial financial penalties. Below are the most frequently targeted brands in recent litigation:
1. Peanuts: The Snoopy Nostalgia Trap
While some might not recognize the name "Peanuts," nearly everyone knows Snoopy. This American comic strip, published in 2,600 newspapers worldwide and translated into 21 languages with nearly 400 million readers, carries immense nostalgic value. However, this very nostalgia has ensnared many unsuspecting sellers.
The Peanuts franchise holds registered trademarks not just for the "PEANUTS" name but for all character likenesses, including Snoopy and Charlie Brown. GBC has filed over 40 infringement lawsuits related to Peanuts in the past two years alone, making this a particularly dangerous area for sellers.
2. Hula Hoop: Common Name, Uncommon Risk
The trademark registration of common terms like "100%" has sparked discussions about questionable trademark practices in e-commerce. The term "HULA HOOP" presents a similar case - registered by WHAM-O as early as 1962 for plastic toy hoops in class 028 (sporting goods and toys).
Sellers should avoid using "HULA HOOP" in product descriptions, opting instead for generic terms like "exercise hoop" or "fitness ring." Keith Law Firm, known for aggressive enforcement in this space, has made this a particularly hazardous area for infringement claims.
Product Selection Requires IP Diligence
Selecting products for cross-border e-commerce requires navigating a veritable minefield of IP risks. Beyond Peanuts and Hula Hoops, other high-risk IPs include Godzilla, The Beatles, and Neon Genesis Evangelion. Sellers must conduct thorough IP research, avoid unauthorized use of trademarks and copyrighted material, and stay informed about emerging risks to operate successfully in this competitive marketplace.