Speed down! Copyright protection storm hits, how can sellers avoid stepping on landmines?

Every year, the e-commerce industry is accompanied by an endless stream of rights protection cases. Especially as consumers’ awareness of rights protection gradually increases, if merchants do not pay attention to intellectual property protection, they are highly likely to be “struck by lightning” due to infringement issues such as copyright and trademark.

Recently, copyright protection cases on multiple e-commerce platforms have attracted widespread attention. Many sellers have been penalized with store closures for failing to promptly remove infringing products.

Today, let’s review some noteworthy infringement cases to remind seller friends how to avoid pitfalls and ensure their own shop operations are not affected.

Black Castor Oil: 195 Stores Frozen

Recently, a copyright image of a product called Black Castor Oil triggered a large-scale rights protection action. Black Castor Oil is extracted from precious black castor seeds, naturally rich in vitamins, unsaturated fatty acids, and antioxidants, and is widely used in the beauty and health fields. However, it was the copyright image of this product that led 195 stores into legal disputes.

On October 10, 2024, Feldenkrais Law, P.A. represented Black Castor Oil in filing a copyright infringement lawsuit in the Southern District of Florida (Case No.: 24-cv-61886), involving copyright work number VAu001517249. This rights protection action covered multiple e-commerce platforms such as Temu and Amazon, freezing the funds of 195 stores. For sellers, this is a profound warning: using copyrighted images without authorization, even seemingly ordinary product images, may bring huge legal risks.

Image source: Amazon

Pit Avoidance Advice:

When listing products, sellers must ensure that the images, designs, and other materials used have legal authorization. For materials provided by third parties, carefully verify their copyright ownership to avoid infringement due to negligence.

Fengwei Shu: 79 Sellers Sued

The inflatable flamingo ring toss toy is another recent copyright protection case that has attracted much attention. This toy, designed by domestic merchants, is uniquely fun—players can wear the flamingo on their heads for a ring toss game, suitable for family pools, beaches, and other outdoor occasions. However, it is this creative toy that has triggered infringement lawsuits against 79 sellers.

Currently, the case is at the TRO (Temporary Restraining Order) stage, and specific progress has not yet been disclosed. What is certain is that the platforms involved include Amazon, Walmart, Temu, and Alibaba. For sellers of similar products, it is urgent to promptly check and remove infringing products.

Image source: Internet

Pit Avoidance Advice:

When selling creative products, sellers should pay special attention to whether the product design involves others’ copyrights or patents. If the product design is unique, it is recommended to apply for relevant intellectual property protection in advance to avoid being infringed by others.

Daimler Truck: 81 Trademark Rights Protection Cases

As a globally renowned commercial vehicle manufacturer, Daimler Truck AG has always been very strict in trademark protection. On January 9, 2025, GBC Law Firm represented Daimler Truck in filing a trademark rights protection lawsuit in the Northern District of Illinois (Case No.: 25-cv-00254). This case involves 81 trademarks, with a wide coverage and extremely high infringement risk.

Daimler Truck’s trademark protection actions remind sellers, especially those selling auto parts, models, and related products, to strictly avoid using others’ trademarks. Even seemingly unrelated products, if they use logos or names similar to well-known brands, may face legal action.

Image source: Internet

Pit Avoidance Advice:

When selecting products, sellers should avoid using trademarks or names similar to well-known brands. Trademark search tools can be used to verify whether relevant logos have been registered, ensuring the legality of the products.

Andrea Alice Muller: High Incidence of Illustration Copyright Cases

Illustration copyright protection is a high-incidence area recently, with many sellers being sued for unauthorized use of illustrations. Andrea Alice Muller is a commercial illustrator from New Zealand, known for her bright, seamless floral and tropical print designs, which are widely used in product packaging, fabrics, fashion clothing, and home decor.

In this rights protection action, Andrea Muller initiated copyright lawsuits for some of her illustration works. Although the number of illustrations involved is limited, the scope of protection for illustration copyrights is very strict, and unauthorized use may constitute infringement. When designing and selling products, sellers must ensure that the illustration materials used have legal authorization.

Image source: Brand’s official site

Pit Avoidance Advice:

For illustration materials, sellers should prioritize choosing from legitimate copyright image libraries or directly cooperating with illustrators to obtain authorization. Avoid downloading and using illustrations from unknown sources to avoid violating copyright laws.

How Can Sellers Protect Themselves Amid the Copyright Protection Storm?

The arrival of the copyright protection storm has made many sellers realize the importance of intellectual property protection. Whether it’s images, designs, or trademarks, unauthorized use may bring serious legal consequences.

To avoid pitfalls, sellers should strengthen their copyright awareness, understand relevant intellectual property laws and regulations, and ensure that the materials and designs used are legal and compliant. When using third-party materials, be sure to verify their copyright ownership to avoid infringement due to negligence. In addition, for self-owned designs or brands, timely apply for trademark, patent, or copyright protection to prevent infringement by others.

In today’s increasingly strict intellectual property protection environment, only by operating in compliance can sellers achieve long-term development in fierce market competition.