Image source: Tu Chong's creativity
1. First, we need to understand the meaning and characteristics of TRO:
meaning:
The full name of TRO is Temporary Training Order, abbreviated as TRO. After the plaintiff has purchased and obtained the infringing goods or screenshots, he will file a lawsuit to the local court and request the issuance of a temporary injunction to prevent the other party from damaging his rights and interests during the lawsuit. The time limit for applying for TRO is relatively strict, and it is usually issued only in emergency situations.
characteristic:
① Unilaterality: A compulsory provisional measure issued by the court without considering the defendant's opinion.
② Mandatory : The court requires the suspected infringer to immediately stop the infringement and freeze the infringer's assets.
③ Concentration: Usually in American litigation, the obligee can apply to the American court for temporary injunction of TRO according to the provisions of the United States federal civil procedure law. Consult immediately
2. So will it be TRO if it is not sold on American websites?
Cross border sellers basically know the term "rogue law firms". With the rapid development of e-commerce in China, "rogue law firms" and "settlement companies" in the United States have taken this opportunity to amass wealth. They targeted Chinese e-commerce enterprises, initiated intellectual property infringement lawsuits, and demanded huge compensation. Chinese e-commerce enterprises are often unable to respond to these lawsuits because they are not familiar with the legal system and litigation procedures of the United States. Therefore, they can only choose to pay high settlement fees to avoid further escalation of litigation. Many American rogue law firms specialized in TRO, whose evidence is actually collected through outsourcing.
These firms usually Hire special collectors to purchase products with the help of or using the IP address of the United States , and then use this as evidence to file TRO, so as to achieve the purpose of blackmail.
All cross-border e-commerce sellers must be clear about this: whether they choose the United States as their cross-border store or not site TRO may come to you. This means that, even if Your cross-border store stay UK Spain 、 Canada , Japan and other non US sites, but users with US addresses are still allowed to buy, then you also be on the cards Be involved in the vortex of TRO. Therefore, sellers must pay attention to the sales regulations and policies at each site to avoid unnecessary losses caused by breaking the law. Consult immediately
3. What should I do?
① To prevent infringing products from being sold to the United States: Block US IP, US orders, US addresses（ Especially the fishing address of the law firm ）。
② Provide proof ： Provide evidence that the store did not sell to the United States; explain The store has been blocked in the United States and cannot access its own online store; perhaps Orders cannot be placed at US address Proof of 。 Consult immediately
(Editor: Jiang Tong)
(Source: Maijia Support)
The above content only represents the author's own opinion, not Hugo's cross-border position! If you have any questions about the content, copyright or other issues of the work, please contact Hugo cross-border within 30 days after the publication of the work.
