Smart Study, which owns the Pinkfong and Baby Shark trademarks, sued Primrose for allegedly selling counterfeit Baby Shark products and obtained a temporary restraining order that froze Primrose’s Amazon account and shut down its storefront. The firm secured a dismissal of the case, arguing that Primrose sells only authentic products under the First Sale Doctrine, and convinced the court to award money damages to Primrose for lost sales.
“We proved that our client has every right to sell these products and that the temporary restraining order should never have been issued. Too often intellectual property rights owners obtain these injunctions against innocent companies without giving them a chance to prove their innocence,” said Flynn, Esq.
“Temporary restraining orders are dangerous,” Mr. Flynn continued, “because they freeze a seller’s account, money, and inventory as soon as they’re filed with Amazon and other platforms. This can cost the seller tens, or even hundreds, of thousands of dollars. When a seller receives a temporary restraining order, they must immediately contact a firm with experience winning cases against big brands on Amazon.”
“Counterfeit complaints against Amazon sellers are often baseless because most of them sell genuine products. When this occurs, sellers have at least two legal claims they can use in court: defamation and interference with contract,” said CJ Rosenbaum, Esq., founding partner of the firm. “Because we know the law and have handled numerous cases against big brands, our success rate is higher than of sellers who handle the situation on their own or with a consultant. We also can recover the money damages sellers are entitled to from lost sales.”
About Rosenbaum Famularo, P.C.
Rosenbaum Famularo, P.C., is a boutique firm based in Long Beach, New York, dedicated to serving individuals and companies that sell on Amazon.com and other platforms around the world. With offices in New York and China, interested sellers can contact them at