PopSockets uses the Vorys, Sater, Seymour and Pease Lawfirm out of Ohio to send baseless cease and desist letters to online sellers who sell their products on Amazon and eBay. The letters are demanding and order the seller to cease and desist the selling of PopSocket branded items on their storefront. The Vorys letters also threaten litigation if the seller does not comply with their demands. The letters amount to a fishing expedition and PopSockets uses them to try to obtain discovery from the seller as to the origin of the goods being sold. Vorys uses the letters to try and determine if they have a basis to sue you.
The cease and desist threat letters will obtain all kinds of baseless nonsense such as: Seller is selling counterfeit goods. Seller is violating PopSockets trademark. Seller is not an authorized seller or distributor. Seller does not offer the same warranty. Seller’s PopSockets are materially different than the original ones.
The letters are intended to intimidate and scare sellers into submission in hopes they will comply with the baseless demands and delist the PopSockets items. Sellers are in no way obligated to respond to the Vorys attorneys who send these baseless letters and engage in these intimidation tactics. Most likely, in the event you do not respond to Vorys letters and demands, they will eventually file a frivolous and baseless lawsuit against you.
The intent and purpose of the lawsuit is to scare you and cause you to cave into their demands and so they can obtain discovery as to the origin of the goods. Once they get the info they want and you are legit, they will toss you back into the ocean and dismiss you from the lawsuit.
You can look at the number of lawsuits Popsockets has filed against online sellers, especially in the Federal District Court of Illinois, by going to pacer.com or justia.com and searching for PopSockets. The cases dockets will prove 99.9% of the cases never go to trial or court for a hearing. Several of the Illinois case dockets also show PopSockets had to post a $10,000 bond. This is because the cases are frivilous and either the court or opposing side has demanded it. This bond ensures the defendent will get paid their attorney fees when PopSockets is declared a vexatious litigant and/or sanctioned under Rule 11 for filing baseless and frivolous lawsuits.
The letters threatening to sue me that I received from Vorys have been given to the media. PopSockets lawsuit information has also been given to the media. PopSockets trademark bullying has also been reported to the Colorado Attorney General and the Attorney General of the state in which I reside. PopSockets has also been reported to the USPTO. The USPTO has been asked to revoke PopSockets trademark rights and invalidate their trademarks because of the trademark bullying and abuse PopSockets engages.
A seller of a trademarked item is immune from trademark infringement allegations under the “Right of Sale Doctrine” when the copyrighted item is bought thru an authorized reseller who had the rights to sell the copyrighted item. After the first sale, the buyer can sell the item to whomever hecwants and for whatever price he wants. Retail arbitrage and the Right of First Sale Doctrine protect an online seller of PopSockets items against trademark infringement as long as the seller is selling the PopSockets in the exact condition as they were acquired and they have in no way been chsnged or modified.
PopSockets knows this but does not care because PopSockets does not want unauthorized sellers, who have the right to sell PopSockets, sellimg their products. In conclusion, PopSockets is a trademark bully and will try to scare and intimidate you into submissiin if you are an online retail arbitrage seller and PopSockets will clearly file a lawsuit against you abuse the court system to accomplish their mission if you do not comply with their baseless demands.
Watch your local news and internet for media and press coverage of this story over the next month.
PopSockets, LLC. Reviews
Pop Socket Loses Patent Fight With Quest USA
It should be interesting to see what happens now that Pop Socket has lost a valuable part of the patent in this fight with Quest USA
https://www.leagle.com/decision/infdco20180608f07
PopSockets uses the Vorys, Sater, Seymour and Pease Lawfirm out of Ohio to send baseless cease and desist letters to online sellers who sell their products on Amazon and eBay. The letters are demanding and order the seller to cease and desist the selling of PopSocket branded items on their storefront. The Vorys letters also threaten litigation if the seller does not comply with their demands. The letters amount to a fishing expedition and PopSockets uses them to try to obtain discovery from the seller as to the origin of the goods being sold. Vorys uses the letters to try and determine if they have a basis to sue you.
The cease and desist threat letters will obtain all kinds of baseless nonsense such as: Seller is selling counterfeit goods. Seller is violating PopSockets trademark. Seller is not an authorized seller or distributor. Seller does not offer the same warranty. Seller’s PopSockets are materially different than the original ones.
The letters are intended to intimidate and scare sellers into submission in hopes they will comply with the baseless demands and delist the PopSockets items. Sellers are in no way obligated to respond to the Vorys attorneys who send these baseless letters and engage in these intimidation tactics. Most likely, in the event you do not respond to Vorys letters and demands, they will eventually file a frivolous and baseless lawsuit against you.
The intent and purpose of the lawsuit is to scare you and cause you to cave into their demands and so they can obtain discovery as to the origin of the goods. Once they get the info they want and you are legit, they will toss you back into the ocean and dismiss you from the lawsuit.
You can look at the number of lawsuits Popsockets has filed against online sellers, especially in the Federal District Court of Illinois, by going to pacer.com or justia.com and searching for PopSockets. The cases dockets will prove 99.9% of the cases never go to trial or court for a hearing. Several of the Illinois case dockets also show PopSockets had to post a $10,000 bond. This is because the cases are frivilous and either the court or opposing side has demanded it. This bond ensures the defendent will get paid their attorney fees when PopSockets is declared a vexatious litigant and/or sanctioned under Rule 11 for filing baseless and frivolous lawsuits.
The letters threatening to sue me that I received from Vorys have been given to the media. PopSockets lawsuit information has also been given to the media. PopSockets trademark bullying has also been reported to the Colorado Attorney General and the Attorney General of the state in which I reside. PopSockets has also been reported to the USPTO. The USPTO has been asked to revoke PopSockets trademark rights and invalidate their trademarks because of the trademark bullying and abuse PopSockets engages.
A seller of a trademarked item is immune from trademark infringement allegations under the “Right of Sale Doctrine” when the copyrighted item is bought thru an authorized reseller who had the rights to sell the copyrighted item. After the first sale, the buyer can sell the item to whomever hecwants and for whatever price he wants. Retail arbitrage and the Right of First Sale Doctrine protect an online seller of PopSockets items against trademark infringement as long as the seller is selling the PopSockets in the exact condition as they were acquired and they have in no way been chsnged or modified.
PopSockets knows this but does not care because PopSockets does not want unauthorized sellers, who have the right to sell PopSockets, sellimg their products. In conclusion, PopSockets is a trademark bully and will try to scare and intimidate you into submissiin if you are an online retail arbitrage seller and PopSockets will clearly file a lawsuit against you abuse the court system to accomplish their mission if you do not comply with their baseless demands.
Watch your local news and internet for media and press coverage of this story over the next month.