Syed Law provides Walmart trademark infringement attorney services in the Northern District of Illinois. We offer experienced and fast legal representation for businesses facing trademark (or patent) infringement issues with Walmart.
We frequently see trademark infringement plaintiff’s attorneys refuse to speak with Walmart business sellers. Often, plaintiffs require stores facing suit to hire an attorney to represent them. The attorney suing may require that you hire an attorney admitted to the Northern District of Illinois, such as Ahad Syed at our firm.
The reason for this is that the plaintiff wants an attorney admitted to the general bar who can provide a response (called an “answer”) to the summons and complaint because non-attorneys cannot represent businesses.
We Can Help If Your Walmart Store is Sued for Trademark Infringement
We can help if your business or Walmart store by doing the following:
- Quickly and efficiently release a frozen Walmart account—including restrictions on accessing your funds and returning your store to you
- Respond to a summons for infringement, whether trademark or patent
- Negotiate with the opposing side’s attorney (the Plaintiff listed in the case) to reduce the risk of losing funds in your account to satisfy their judgment
- Obtain a dismissal for your store without prejudice so you can rest at ease, knowing no judgment will be entered against you
Many of our clients come to us after receiving a summons and a deadline to respond.
Know that, in most cases, you are one of perhaps at least one of hundreds of listed defendants and that the plaintiff in this case is interested in tackling the big fish, and in all likelihood, not so much your store. Nevertheless, we acknowledge it is not a great experience to be caught in such a wide net.
In most cases, we can get our clients voluntarily dismissed without involvement in costly litigation. Syed Law has helped numerous clients obtain dismissals from Walmart trademark infringement suits and helped them release their frozen accounts.
Why You Need a Walmart Trademark Infringement Attorney in the Northern District of Illinois
We understand receiving a summons for a Walmart trademark infringement can be stressful.
Fortunately, Syed Law has a proven track record of successfully obtaining Section 41 dismissals from suits at the United States District Court for the Northern District of Illinois. Using these dismissals we successfully have our clients’ accounts released. We offer personalized strategies tailored to each client’s specific needs and communicate promptly.
At Syed Law, we provide comprehensive Walmart trademark infringement attorney services. Ahad Syed will handle every aspect of your case, from initial consultation and assessment to negotiation and, if necessary, responding to a complaint. As stated previously, when you hire an experienced attorney, it may not be necessary (from a financial perspective) to file an answer. My goal is to obtain a dismissal and minimize business disruption by safeguarding your assets.
Whether you are facing a direct trademark infringement or patent issue Syed Law’s Walmart trademark infringement attorneys are here to provide the expert guidance and vigorous representation you deserve.
Walmart Trademark Infringement Attorney Services
As outlined above, our goal is to have your store and funds released as quickly as possible. To put you in the best position to do so during negotiations with the opposing side for dismissal, we have several arrows in our arsenal, such as
- jurisdiction (this involves asking the opposing side tough questions such as “Does the court here have power over your store?” ).
- venue (i.e., the proper place to hold a civil proceeding – a question here would involve me asking opposing counsel “What facts let you to conclude that this is the proper forum in which to sue my client?)
- quantity sold
- revenue and ultimate profits
If necessary, we can respond to a summons for a complaint for Walmart trademark infringement. Often these complaints allege causes of action such as
- False Designation of Origin
- Counterfeiting
- Trademark Infringement
- Unfair Competition (usually under state law claims)
- Patent Infringement (these are growing in number)
Having handled several of these cases, we are familiar with these arguments, and how to best assert your defenses to minimize harm to you and your store. In order to do that, we engage in strategic negotiations with the opposing side. To that end, we diligently pursue negotiations with the Walmart trademark infringement plaintiff and present your best case for a dismissal and release of funds. We have a successful track record, helping numerous clients obtain dismissals from Walmart trademark infringement suits at the Northern District of Illinois.
The Northern District of Illinois is the National Hotbed of All Trademark Infringement Cases
The Northern District of Illinois (N.D. Ill.) is unique. Nationally, it has the lowest jurisdictional requirement for plaintiffs to bring suit. The minimum contacts requirement established by the 7th Circuit is lower than other courts. The 7th Circuit is the Court of Appeals that issues binding decisions for the Northern District of Illinois. For instance, one article found that the same claims brought in the 7th Circuit (where the N.D. Ill. is located) could not be brought in the 5th and 8th Circuits.
The Northern District of Illinois is a plaintiff’s favorite choice of court when it comes to suit for trademark infringement. Why? Because it features some of the lowest jurisdictional requirements in the United States. As one case put it: “trademark infringement in the Northern District of Illinois is satisfied if the defendant “reasonably could foresee that its product would be sold in the forum.” As a consequence, the Northern District of Illinois is a hotbed of trademark infringement litigation. Fortunately, Ahad Syed of Syed Law is admitted to the Northern District of Illinois and can help.
Why You May Have Received the Walmart Trademark Infringement Summons
There are several reasons why you could have received a summons. For instance, engaging in the following behavior can lead to a trademark infringement suit for your Walmart store:
- Retail arbitrage
- Selling an item without a license from the manufacturer (i.e., “grey market goods” from the manufacturer’s perspective)
- Selling items with brand names too close/identical to other brands (trademark infringement)
- Infringing upon a patent
There are ways to address these issues in most cases without resorting to full-blown and expensive litigation.
1. Retail Arbitrage – Walmart Trademark Infringement Lawyer Services
Retail arbitrage is generally an acceptable practice involving buying a product from Store A and selling it at Store B. However, there are risks to retail arbitrage on Walmart. For instance, there may be an exclusivity agreement between the manufacturer and a licensee. If you are not part of this exclusivity agreement, you may receive a summons for infringement in the Northern District of Illinois.
We have represented many retail arbitrage clients and provide Walmart trademark infringement attorney services that quickly and efficiently lead to voluntary dismissal and release of withheld funds. If the dollar amount or quantity is low, we can argue that there was de minimis (i.e., low) harm and negotiate a dismissal.
The reason for this is related to the next topic—grey market goods.
2. Grey Market Goods – Walmart Trademark Infringement Attorney
Grey market goods are authentic products that are made by the manufacturer. However, these products are sold outside the manufacturer’s known or approved distribution channels. The manufacturer does not know the chain of the goods and sees that they are sold in parallel channels. That raises questions about quality control and their intellectual property’s integrity.
Some of the effects of grey market goods are:
- Significant price differences
- Product returns affecting sales
- Dilution
- Safety (particularly, product liability)
With respect to grey market goods, the same arguments that apply to retail arbitrage generally apply. With enough proof of use of legitimate channels, a bill of sale, a Walmart trademark infringement attorney can help you obtain dismissal.
3. Trademark Infringement
Trademark infringement in the Northern District of Illinois involves a review of the following factors:
- similarity between the marks in appearance and suggestion;
- similarity of the products;
- area and manner of concurrent use;
- degree of care likely to be exercised by consumers;
- strength of complainant’s mark;
- actual confusion; and,
- intent of defendant to palm-off his product as that of another.
Forum Corp. of North Am. v. Forum Ltd., 903 F.2d 434, 439 (7th Cir. 1990) (the 7th Circuit is a federal Court of Appeals whose decisions are binding precedent on the Northern District of Illinois).
One trademark infringement defense is arguing that your store’s conduct does not meet the test. In cases involving equitable remedies, equitable defenses such as laches, acquiescence, and unclean hands are available. Each case is different, and an experienced trademark attorney can tell you how best to fight trademark infringement.
4. Patent Infringement
There are generally two types of patent infringement:
- Direct
- Indirect
- Induced
- Contributory
Direct patent infringement involves using, making or selling a patented product without authorization. This is the most common type of infringement for Walmart trademark infringement sellers.
Indirect infringement is either (1) induced or (2) contributory. Induced infringement occurs when one causes another to use a prohibited patent. For instance, passing along information regarding a patented product and how to create it. Contributory infringement occurs when one sends information a person and
- (a) knows that a patent exists; and
- (b) despite its existence, provides components to another knowing that the actions will lead to infringement.
Depending on the patent, the quantity of units sold, and the gross revenue amount, we can obtain a voluntary dismissal from the case.
Walmart Trademark Infringement Attorney: FAQs and Resources
1. What is a summons?
A summons is a document from a court requiring your business to appear and answer within a certain period of time. When an experienced Walmart Trademark Infringement Attorney may advise the client that they may or may not need to answer the summons. In addition, that attorney may decide it is best to handle the matter through negotiation to keep costs down.
2. Do you represent clients from other States?
Yes. In fact, most of my clients are from out of state. Most recently, I’ve represented clients as far away as Utah and Pennsylvania.
3. I am from out of state and so is my business. Why is the plaintiff bringing suit against my business from inside Illinois?
Because the Northern District of Illinois has the lowest jurisdictional threshold (i.e., the court’s power over defendants) in the country. This makes it a plaintiff’s favorite choice, alongside a few other federal courts, from which to bring suit against defendants in other states. The plaintiff brought suit in federal and not state court because of “federal question doctrine.” Federal court is the only place to file trademark infringement and patent infringement cases.
4. Are you admitted to the Northern District of Illinois? Are you are able to appear there on behalf of my Walmart store or business? And do you have experience before this court?
Yes, yes, and yes. Ahad Syed has been on the roll call of the Northern District of Illinois for several years, filed appearances, and represented clients before that court on trademark infringement matters. He is an experienced Walmart trademark infringement attorney with years of experience.
5. If I hire you as a Walmart trademark infringement attorney, how does this work?
After we sign an engagement letter under a retainer, I will ask you specific questions about the items you sold, quantity, revenue, costs and expenses, and ultimate profits. With this information, and your permission, I will contact opposing counsel and ask why you received summons without identifying how much you made nor who you are personally. Opposing counsel will usually ask for your storefront name, however, to determine which defendant you are – that usually is a giveaway with respect to at the very least, the corporation or LLC behind the storefront.
At this juncture, my strategy will be to remove you from the case as quickly as possible for a negotiated settlement. Because every case is different, we may be able to argue concerns with jurisdiction/venue or that you have certain defenses to trademark infringement. With the right tactics and armed with facts supportive of your position, I will negotiate a settlement for a “voluntary dismissal.” Usually, the voluntary dismissal comes with a release of funds in your Walmart or other account (e.g., PayPal).
Schedule a Free Consultation with a Walmart Trademark Infringement Attorney
If you received a summons, please do not delay in contacting an experienced Walmart Trademark Infringement Attorney. Summons contain hard deadlines to respond. In most cases, the plaintiff’s attorney will refuse to speak to you unless you hire an attorney admitted to the Northern District of Illinois. You may schedule a consultation with my law firm, email me at asyed@syedlawoffices.com, or – because time is of the essence in litigation – call me at 312-618-0713.
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