Selling products, which infringe the intellectual property rights (trademark or copyrights), is prohibited on Joom and is considered as platform rule violation. In particular, if a merchant sells such products in breach of Joom’s policies, he may face the risks of civil lawsuit against him and may receive a TRO.
What is a TRO?
A temporary restraining order (TRO) is a provisional remedy in the form of an order (decision) issued by a judge before the trial that forces or prevents an action for a specified time frame, for example in order to prohibit further illegal actions. During the trial cases that involve trademark infringement, a TRO can halt patent, copyright, or trademark infringement in the short term.
⚠️ PLEASE NOTE: A TRO may be issued without notice to the other party or holding a hearing.
What to do, if you received a TRO?
If a TRO is issued against you, Joom will have to comply with such measures. In particular, Joom will have to freeze payouts to the merchant’s account (legal entity). In most cases, Joom freezes all the payouts, however the court might request to freeze the specific amount.
By receiving a TRO you are temporarily restrained from manufacturing, importing, advertising, promoting, offering to sell, selling, distributing, or transferring any products bearing the Plaintiffs’ Marks, or any confusingly similar trademarks. You must immediately discontinue the use of the Plaintiffs’ Marks, or any confusingly similar trademarks.
|In such case we advise you to reach out to a legal consultant who is qualified in the relevant jurisdiction or directly contact the TRO applicant to negotiate a solution as soon as possible.
If you fail to file any response or opposition within the TRO requirements by the deadline stated in the TRO papers, according to the court’s request, all the frozen payouts will be transferred to the Plaintiff’s account without further notice.
⚠️ PLEASE NOTE: Joom is not responsible for handling the issue. A merchant has to do it on his own. Joom only notifies merchants and provides the plaintiff's contact information.
How to prevent receiving a TRO?
- Make sure the products you uploaded to the platform don’t infringe any IP rights;
- If you sell branded products and the brand belongs to you, please authorize the brand.
Please pay attention to the list of brands which took legal actions against Joom merchants during the past year: