While cross-border e-commerce sellers may celebrate profits from best-selling products, many remain unaware of the growing patent infringement risks lurking beneath the surface. Recent legal actions involving pregnancy pillows, roller shoes, and self-balancing scooters have highlighted this emerging threat, with domestic brands increasingly pursuing intellectual property claims against international sellers.
The nightmare scenario is becoming reality for some sellers: popular products suddenly removed from platforms, frozen accounts wiping out investments, and facing substantial damage claims—all potentially stemming from overlooked design patents.
Pregnancy U-Shaped Pillow: Domestic Brand Leads Enforcement
The recent "Pregnancy Pillow U-Shaped Full Body Pillow" case has drawn significant industry attention. The Chinese brand behind this product holds the registered trademark "AWESLING," which sellers must avoid using in product descriptions or titles. More critically, the pillow's patented design serves as the primary enforcement tool, meaning any unauthorized products with similar appearances may face infringement claims.
Filed as case 21cv-2516 on May 12, 2021, by brand owner CHUNYU, LIANGHAO through law firm Ni, Wang & Massand, PLLC, this combined trademark and patent case underscores the need for sellers to thoroughly review product designs to avoid legal exposure.
Roller Shoes: New Illinois Firm Targets Design Patents
Emerging law firm Zlatkin Wong LLP made its debut with a roller shoe patent infringement case (21-cv-1000) filed February 22, 2021, representing Shanxi Jinze Yinhai Technology Co. This action demonstrates how even seemingly simple products can carry design patent risks, emphasizing the necessity for comprehensive patent searches before product launches.
Self-Balancing Scooters: Chinese Manufacturer Asserts Rights
Hangzhou Chic Intelligent Technology Co. has joined the enforcement trend through case 20-cv-5905, filed in October 2020 with account freezes occurring around March 3, 2021. Represented by Loeb & Loeb LLP in Illinois Northern District Court, this patent-only case signals growing IP awareness among domestic manufacturers and serves as warning to international sellers against complacency regarding patent issues.
Mitigating Patent Infringement Risks
As intellectual property enforcement intensifies, cross-border sellers should consider these protective measures:
- Conduct thorough patent searches: Investigate potential design patents and utility models during product selection using professional databases or IP services.
- Prioritize original designs: Avoid direct copying, implementing significant modifications to referenced designs to ensure product uniqueness.
- Secure patent protection: File for design or utility patents for innovative products, creating both defensive and offensive IP tools.
- Monitor industry developments: Track patent litigation trends to identify high-risk products and adjust inventory strategies accordingly.
- Obtain legal counsel: Immediately consult specialized attorneys when facing infringement allegations to minimize potential damages.
Patents represent critical intangible assets and competitive advantages in global markets. Cross-border e-commerce operators must recognize their strategic importance, strengthen IP protection practices, and implement proactive measures to navigate this evolving legal landscape successfully.