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BACKGROUND
The cross-border e-commerce market is thriving, but international sellers often encounter unexpected platform actions that severely damage their business, such as the removal of links, suspension of accounts, and withholding of funds.
OUR SOLUTIONS
Our dispute resolution team has top talents in the field of commercial litigation and arbitration, which allows us to offer multi-stage solutions to clients facing the problems of account suspensions and fund restrictions, including:
– Assisting in Appeals on the platform
– Initiating Arbitrations against the platform
– Judicial Procedure against other sellers
RESULTS
Our team is a pioneer in this field. Our founding members have had experience in adjudicating related cases as arbitrators. Since the establishment of YZ Law Firm, we have successfully helped e-commerce sellers unfreeze funds or successfully claim them as damages in arbitrations. In total, we have helped sellers retrieve over tens of millions of dollars.
Recent Representations:
Represented a Shenzhen Corporation in an arbitration against the E-Commerce Platform, retrieving over $2,000,000 in the settlement.
Advised a US corporation whose vendor account was suspended by the e-commerce platform with over $4,000,000 withheld.
Represented a Shenzhen Corporation in an arbitration against the E-Commerce Platform, prevailed in the arbitration, and retrieved the full amount of withheld proceeds plus 12% per annum pre-judgment interest.
The Consumer Product Safety Commission (CPSC) is a U.S. federal agency whose duty is to protect the public from consumer product hazards. Following an ALJ decision in July 2023 holding Amazon as a ‘distributor’, there have been incidents where Amazon and other platforms have removed sellers’ products instantly upon receipt of CPSC investigation notices, causing catastrophic damages to sellers.
When these incidents arise, prompt responses to government investigation inquiries and platform actions are vital to protect sellers’ interests. YZ Law Firm, with lawyers working across different time zones, is capable of facilitating seamless communication between overseas clients and U.S. authorities. We leverage our experiences in dealing with CPSC investigations and frequently monitor the latest developments and practices of CPSC policies to safeguard the best interests of our clients. Our goal is to reduce economic losses for our clients, avoiding unnecessary incidental damages due to miscommunication or misrepresentation.
RECENT CASE
In 2024, we represented a top seller based in Shenzhen in a CPSC investigation. Our prompt responses to the investigation, strategic recall plan, and subsequent compliance program helped our client successfully recover the removed link and restart the operation.
Originally, to combat overseas counterfeits that are usually hard to track down, rights owners utilized a mechanism of obtaining Ex-parte Temporary Restraining Orders against hundreds of E-commerce businesses in a single lawsuit. However, in recent years, this mechanism has sometimes been abused by bad-faith rights owners by bringing weak claims with the goal of seeking settlement payment from defendants. E-commerce businesses are often surprised by the sudden listing removal and asset restraint. Troubled by the expensive cost of litigation, these businesses are often forced to pay a sum to settle the case regardless of whether an infringement was likely to be proven. Because the Plaintiff usually includes a list of hundreds of Defendants in ‘Schedule A’, these cases are often called ‘Schedule A Cases’.
We have professional Trademark, Copyright, and Patent attorneys who not only deeply understand the mechanism of these Schedule A cases but also understand how E-commerce businesses operate. We can defend you in these Schedule A cases and help you restore your business to regular operation in no time.
We have represented many defendants in “Schedule A” IP infringement disputes by offering well-reasoned defenses and negotiation strategies.
Recent Representations:
Utility Patent
We represented an Amazon Best-Seller in a patent infringement dispute and obtained quick dismissal with prejudice. (First among all defendants.)
Trademark
We represented an Amazon headwear seller in a trademark infringement dispute. We moved to vacate the Preliminary Injunction order and successfully obtained dismissal shortly after filing
Copyright
We represented an Amazon home accessory seller in a copyright infringement dispute to vacate a default judgment and obtained dismissal.
APEX is a quick neutral patent evaluation procedure provided by Amazon as an effective tool for patent owners to enforce their patent rights. Our patent lawyers can represent you in either initiating or defending APEX procedures.
A patent owner can choose to initiate the APEX procedure by submitting a request to Amazon against up to 20 ASINs. Once the accused party receives the notice, the accused party has three weeks to decide between three options: 1) to opt in the APEX procedure and submit a $4,000 deposit, which will be returned if the party prevails in the APEX proceeding, or 2) to negotiate with the patent owner for a settlement, or 3) to bring a declaratory judgment action in a federal court. Ignoring the notice will result in the removal of the accused ASIN.
Our patent attorneys will advise you on whether or not you should participate in the APEX procedures and will competently represent you should you choose to engage in the APEX procedures.
We have attorneys admitted in various states of the U.S. to assist you in filing IP infringement claims against bad-faith sellers and copycats. We represented clients in cases involving various IP rights, including but not limited to patents, trademarks, copyrights, and domain names.
We advise clients on IP registrations with the United States Patent and Trademark Office (USPTO) and the U.S. Copyright Office. We also help clients establish their IP monitoring routine and in-house counterfeiting programs to reduce IP infringement risks and losses.
YZ Law Firm LLP
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