Anime or film and television works are the most difficult to sue for infringement. There are too many peripheral products, and a large number of sellers are accused every time they attack. Recently, the popular anime MOOMIN was represented by a law firm, and the risk of infringement is extremely high. Sellers need to hurry up and check themselves!
brand introduction
MOOMIN was “born” in Finland and is Finland’s most famous fairy tale image. Later, Japan bought the copyright and carried out a series of IP development, which became popular all over the world. It has cooperated with many brands to launch peripheral products, such as cups, tableware, aprons, clothing, aromatherapy, hand accounts… Almost everything that can be used in life can be found in peripheral styles!
Case situation
Moomin Characters Oy, Ltd, the brand owner, sued for infringement in early March, represented by Keith Law Firm, case number 22-cv-1069, mainly focusing on trademark infringement .
The inquiry found that in addition to the word trademarks such as MOOMIN, LITTLE MY, and MOOMINVALLEY, the brand owner has also registered the graphic trademarks of the main characters, and they are all registered in multiple categories.
Infringement extension
Trademark infringement should be prevented, and copyright infringement should not be ignored either. Animation works generally have copyright, and MOOMIN is no exception. The relevant registration information has been inquired at the US Copyright Office, and relevant images and pictures should be used with caution.
Enter “MOOMIN” on Amazon to search, and find that there are still 590+ listings for sale. If you use trademark words or copyrighted works in titles, product descriptions, product pictures, packaging, etc. without authorization, you will face the risk of infringement, and there is a risk of selling related products. Sellers need to investigate quickly.
In addition to MOOMIN, many brands have recently sued for infringement, involving trademarks, patents, and copyrights:
①FLYNOVA
The flying ball toy that can fly back like a boomerang can be used by men and women, young and old, indoors and outdoors, and it is very suitable for gift-giving parties, so it has attracted a lot of consumers to buy.
▼Example of publication
The brand side sued for infringement on March 7, case number 22-cv-01203, infringement minefield: trademark infringement .
FLYNOVA is a registered trademark:
In addition to avoiding the FLYNOVA trademark, sellers of flying ball toys should also be careful about the risk of patent infringement. The relevant appearance patents are found in the query. If the products sold are highly similar to them, it is likely to trigger the infringement of the appearance patents. Pay attention to the comparison and analysis.
②DURAN DURAN
The super band that became popular on both sides of the Atlantic in the 1980s, the band’s music skillfully combined the pop music style of post-punk and disco, and the good-looking members of the band were known as the number one idol in the music world at that time.
Infringement Minefield: Trademark Infringement & Copyright Infringement
The band name DURAN DURAN has already been registered as a trademark, and covers 03, 06, 09, 14, 16, 21, 25, 41 and other categories:
In addition, band brands generally have the risk of copyright infringement, and band members’ images, photos, band albums, posters, etc. are not recommended to be used.
③Hole Saw
Versatile cutting tool for retrofitting socket box installations to cut perfectly rectangular holes with clean edges.
This product mainly focuses on patent infringement . There are both US invention patents and appearance patents. 80 accounts have been prosecuted. Sellers who sell “the same model” should pay attention to analysis and comparison, so as not to step on the infringement minefield.
In addition to patents, the brand has also registered trademarks such as Q BIT and MAGNESPOT, which should be avoided on listings:
The above are some of the brands that have recently sued for infringement. Sellers who sell related products and step on the infringement minefield should immediately remove them from the shelves. What if I am accidentally sued? After receiving the notification from the platform, you can immediately entrust a lawyer to analyze and deal with it, and it can be resolved as soon as 1-3 months .