Style Pantry, LLC, a California-based fashion company associated with fashion blogger Folake Kuye Huntoon, recently secured a commitment from the International Trade Commission to investigate allegedly infringing uses of its protected intellectual property on Amazon. The ITC is an independent federal agency with authority to investigate trademark and copyright infringement claims. If the ITC finds that a trademark or copyright has been infringed, it has the power to bar imports of infringing goods and to prohibit the marketing and sale of those goods in the U.S.
Style Pantry filed a complaint with the ITC in March 2019 naming Amazon and certain sellers in China as respondents and alleging that the sellers are improperly using Style Pantry's trademarks and copyrighted photographs of its fashion dresses, jumpsuits, maxi skirts, and other products to advertise and sell counterfeit products on Amazon. According to Style Pantry, the clothing itself is not protected by copyright, but the use of the copyrighted photographs deceives would-be buyers of Style Pantry's products into purchasing the counterfeit goods.
If the ITC finds that the sellers have violated Style Pantry's trademarks and copyrights, it may issue an exclusion order directing Customs to stop infringing products from entering the United States, It may also issue a cease and desist order prohibiting the marketing and sale of the infringing products, or the use of Style Pantry's trademarks and photographs, on Amazon.
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
