November 14, 2014
Musiclily.com is a Chinese online retailer selling music instruments and parts, and other electronic devices to consumers all over the world. It offers such products through Amazon.com, Aliexpress.com and Musiclily.com under the Musiclily brand name. It has registered the trademark “Musiclily” with the U.S. Trademark Office and European Union trademark office.
Burberry is an extremely well known brand that sells distinctive apparel and other products. To protect its famous Burberry marks, Burberry Limited (UK) and Burberry Limited (New York) filed a lawsuit in the Federal District Court for the Northern District of Illinois against hundreds of alleged counterfeiters of the Burberry brands. The lawsuit alleges Trademark Infringement and Counterfeiting, False Designation of Origin, a Claim for Injunctive Relief Under the Anticybersquatting Consumer Protection Act, and violation of the Illinois Uniform Deceptive Trade Practices Act against these online counterfeiters.
One of the counterfeiters that Burberry tried to catch, however, was on to them. Instead of providing their own PayPal address, a savvy counterfeiter provided the email address that Musiclily uses for its PayPal account. This led to Musiclily’s PayPal account being shut down due to a TRO granted to Burberry in a federal law suit.
Music Lily retained The Law Offices of Konrad Sherinian on November 10, 2014. With less than two days before a ruling on Burberry’s motion for preliminary injunction, Sherinian Law reached an agreement with Burberry that restored Music Lily’s Pay Pal account, avoided any preliminary injunction being entered against Music Lily, and obtained Music Lily’s dismissal from the lawsuit. To resolve this legal matter for Musiclily, Sherinian Law worked day and night to overcome the inconveniences due to the thirteen-hour time zone difference.
Sherinian Law is available to discuss and assist with counterfeiting issues. Please call or email today for a consultation.