@e7f76f0d @b8e4a7a8 This is what I don't understand in these cases, both from these types of published opinions and my own experiences. If you point out a glaring problem to the Judge, why aren't they taking a moment to review the facts as to the other defendants as well? Like...do they really think it is one isolated mistake instead of the entire case is based on an intentional misrepresentation of trademark law? 

 @e7f76f0d And like, that's one of the big parts of being a business owner - deciding which fights are worth fighting. How much did I lose by this late delivery and does it justify my attorneys fees? Litigation can be kept rare and minimal when both sides are conscious of their fees and the costs in time and effort a full-throated dispute costs. When IP Plaintiffs get special rules, the balance is off and you lead to more, faster, and more aggressive litigation that is not always justified. 

 @e7f76f0d This is my biggest pet peeve. When my clients have a dispute with a vendor, we send a demand letter. When my clients have a dispute with a contractor or designer, we send a demand letter. Every other aspect of business can be reasonably managed through traditional dispute resolution but for some reason you say the word counterfeit and suddenly you get different rules? GMAB. 

 @e7f76f0d Not yet unfortunately. I have seen a few attempts where the Judge denied the request as the D did not prove they “prevailed” versus settled. In most cases IMO it’s not a case of prevailed as it is that the restraint was completely disproportionate to the alleged harm. DP cases seem like a better candidate because it’s often easier to “prevail” if the products are different from the claims. Copyright is too wishywashy. 

 Note that Judge Tharp required a $250,000 bond in this case. Does a higher bond encourage defendants to appear and defend themselves as defense attorneys can hope to get paid when they prevail by making a claim against the bond? 

 From the Order, at 6: "Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise).  Rather, it is simply because that is the best way to describe stickers using the iconic pictogram styles." 🙃 👀 😎 

 @e7f76f0d I don’t understand this argument when Plaintiffs and the professional IP Plaintiff law firms are making millions of dollars a year from these lawsuits. Firms like VogtIP and GBC advertise how much they have collected. It’s a money-making enterprise! 

 @e7f76f0d Like the most common defendant I see is a young (18-25) person working in an Internet cafe in Vietnam or Thailand dropshipping products from Alibaba to Amazon to save money to help their parents and move to the city for a job. We try to help them find legitimate sources or local artists to steer clear of infringement going forward. But DEFINITELY not terrorism or organized crime 

 @e7f76f0d I’ve defended dozens (if not over 100 by now) of people sued for selling counterfeit branded products or pirated art products and every one was an individual that didn’t understand the law and was using the very small amount of funds earned to support their families in very poor communities. 

 @e7f76f0d Interesting! Ashly Sands was sued personally for defamation for filing a false counterfeit complaint on behalf of a client on Amazon. Unfortunately her firm filed it against an Amazon seller that's a patent lawyer married to a patent lawyer. 

 @e7f76f0d @b8e4a7a8  😂  I was just thinking the same thing, maybe he'll let us know when he's speaking because I'm not in the mood to vomit today. oh nooo my paw patrol tshirt made by slave labor, how dare they ***counterfeit*** it 

 @e7f76f0d There were quite a few listed in the Complaint, including a how-to video showing how to make them at home. I do think it's good either way just to start putting some pressure on these over-zealous enforcement efforts! 

 @e7f76f0d I’m glad it went to a small business and it looks like the inventor and both examiners are all women 😊 

 @e7f76f0d @e4932863 @fe0ef525 Agreed. Plaintiffs can hire whoever they want as long as they are licensed, right? The Blue Sphere attorneys were sanctioned by Judge Seeger and they have been filing new cases every week. Plaintiffs don’t really care since they are not paying - it’s all on contingency. 

 @e7f76f0d my husband saw that and ran in to my office, “you cried all day when a court clerk asked you to center your page numbers and these guys get humiliated and sanctioned and they’re filing a new case the next day!!!” 😂😅 

 @e7f76f0d I didn't write a comment because I couldn't write one without getting myself in trouble. I did register to attend the "roundtable" though. Can't wait to hear about all these scary and dangerous tchotchkes that mildly resemble branded products 

 @e7f76f0d @3fe52772 @998c8a33 I’ll add that it feels a lot more polite and  “professional” than other sites which makes it easier for me to keep my focus here. I always had a hard time on sites where I have both personal and professional contacts because I always felt like I was boring half the people I knew with whatever I was writing!