recent media reports, cross-border e-commerce, buyers from the United States to buy counterfeit goods by chatting with Chinese merchants, get the PayPal account (the third party payment platform), followed by the relevant brands in the United States filed a lawsuit with the chat. In the United States because of litigation costs, most businesses do not choose to actively respond, followed by PayPal, the account and the capital they are frozen or cleared. Cross-border e-commerce why encounter difficulties? How to avoid the legal risks in the process of operation? How in the event of the international litigation actively responding to
PayPal why account frozen
PayPal is an international eBay company in the United States to create third party payment platform, is the most widely used tool in cross-border transactions online, worldwide has more than 157 million active users, support 25 kinds of currency payment transactions. Chinese sellers engaged in cross-border e-commerce usually use a registered PayPal account to collect money, and use the funds in the account to guarantee the provision of goods or services. EBay company in the PayPal account encounter abnormal fluctuations or electricity supplier complaints etc, may temporarily or permanently freeze the PayPal funds in the accounts, to ensure the security of transactions or funds in the account security. Foreign brands enjoy trademark rights is the use of the above rules of service to initiate intellectual property litigation against Chinese sellers.
it is possible that the employee enjoys traderight brands in e-commerce platform to buy China sellers suspected of infringing intellectual property rights, forming both chats, product pictures and other materials in the purchase process, and obtain Chinese seller PayPal account name. Brands and intellectual property lawyer to the client, chat records, pictures and other commodities as evidence material, filed an intellectual property lawsuit to the United States District Court, asking the court to freeze the issued may infringe intellectual property rights PayPal sellers account instruction. The United States District Court in the form of review of intellectual property law materials, preliminary judgment of the existence of the infringement may be, which will be issued to freeze related businesses registered funds in the account to the eBay instruction summons to ensure intellectual property litigation can be carried out smoothly. If the prosecution involved businesses are not actively responding, the United States District Court for the reason to make a judgment by default, require the company to clear the account fund for the compensation of infringement of the brand business loss. Therefore, from the PayPal account has been frozen, clear process, is not interested in blocking Chinese businesses involved in cross-border e-commerce, but to make a rational choice in the established rules of law in the.
how to deal with transnational trademark litigation
was sued for trademark infringement, and then frozen PayPal account businesses mainly include the following three categories: indeed the sale of counterfeit goods brands, their PayPal>