Overseas Enforcement and Disputes
Sequence decides the outcome in cross-border disputes. When a listing is complained about, secure the notice and evidence, test whether the asserted right actually covers your product, then choose appeal or counter-notice - and consider invalidation where the right itself is weak. When funds are frozen by a court order, complete the assessment inside the deadline printed on the papers before choosing settlement, defence or a motion.
Marketplace complaints and court freezes run on different clocks
Marketplace enforcement (Amazon and peers) follows an operational path of complaint, appeal and retraction, measured in days to weeks, where the quality of the packet decides the result. A US temporary restraining order is a judicial matter: the papers set a response deadline, and silence can convert into default judgment with the frozen funds applied and the injunction made long-term.
The most expensive mistake is treating a TRO as a marketplace complaint - repeatedly filing platform appeals while judicial deadlines pass. The evidence needed and the recipient are entirely different.
How the three routes differ
Route choice moves the outcome far more than the size of the balance. The table compares structure and time, not amounts.
| Factor | Settle and release | Defend or move | Do nothing |
|---|---|---|---|
| Funds | Released or applied on negotiated terms | Unfreezing or narrowing the freeze is in play | Default judgment; held funds taken |
| Store | Trading resumes once flagged listings are cleared | Depends on the finding; store may survive | Permanent restriction risk for related accounts |
| Time | Shortest | Longest, full procedure | Looks free, hardest to reverse |
| When it fits | Rights were used, speed matters | Right in doubt or clear non-infringement evidence | Rarely defensible |
The route depends on the deadlines printed in the papers, the sums held and the strength of the asserted right. Assessment has to be finished inside the deadline.
What actually sets your position
Start with the asserted right. Registration numbers, classes and the goods actually covered either match what you sold or they do not. A mismatch is the cheapest and strongest argument available.
Then your evidence. First-upload dates, listing history, supplier contracts, invoices and the authorisation chain decide whether the exposure sits with you or upstream. A supplier who cannot explain where a design came from is a risk already inside your catalogue.
Then proportionality. In bulk filings both the court and the plaintiff know most defendants are not the primary target; balances held, sales volume and the number of listings named are the practical levers. After settlement, release documents must reach the payment provider and the platform, and funds and listings recover in stages - plan cash flow and launches across that window.
- Record the date the papers arrived; every deadline runs from it.
- Do not contact the plaintiff to concede facts before assessment.
- Screen the same supplier and the same listing pattern across your catalogue.
Playing offence: invalidation and cancellation
When a prior mark blocks you, changing the mark is not the only answer. If it has been registered for years without genuine use, a cancellation petition may remove it. If it should never have been granted - bad-faith filing, no distinctiveness, wrong basis - invalidation is the route. The two differ in proof: cancellation asks whether the other side used it; invalidation asks whether it was properly registrable.
On the marketplace side, a non-infringement analysis is the equivalent tool for copyright and design complaints: a structured comparison showing how the product differs from the asserted right, backed by first-upload dates and supply-chain documents. It clears review far more often than repeating the same appeal text.
Official fees follow the current schedule of the USPTO, EUIPO and the relevant court; our service fee is quoted by class and case complexity.
How we work
Download the notice, order and listings named
Registration numbers, classes, actual coverage
Upload history, contracts, invoices, authorisations
Settle, defend, move, or cancel/invalidate
File within the stated deadline
Unfreeze, restore listings, clean the catalogue
What you need to prepare
- The court order or platform notice as received
- Listing history and first-upload dates for the affected ASINs
- Frozen balances and account statements
- Supplier contracts, invoices and authorisation scope
- Your own trademark, patent or copyright documents
Frequently asked questions
What is a TRO and what should I do first?
A temporary restraining order is issued on the plaintiff’s application without notice to you. Sellers usually discover it when funds stop moving. First step: record the date you received it and work to the deadline printed in the papers, then choose between settlement, defence or a motion. Platform appeal forms do not substitute for that.
Can I just ignore a TRO and wait for it to lapse?
Not safely. The order is short-lived but plaintiffs typically press immediately for a preliminary injunction, and no response within the deadline can lead to default judgment - the held funds are applied and the restraint becomes durable, with related accounts potentially affected.
My listing was removed. Should I appeal immediately?
Do not rush. Secure the complaint notice and the listing evidence, check whether the asserted right holds, then decide between appeal and counter-notice, and consider invalidation or cancellation in parallel if the right itself is weak. Wrong order raises the chance of a second complaint.
Someone registered my brand. What now?
Oppose during the publication window if it is still open, otherwise petition for invalidation. Where the mark has sat unused for the statutory period, cancellation for non-use is often the cleaner route. Proof in both cases turns on your earlier use and publicity record.
Want an assessment first?
Tell us the product and target marketplaces and we will give you a registrability opinion, a realistic timeline and a cost breakdown. Files can be submitted within 48 hours of confirmation.
