As demand for cooling fans surges during the summer heat, sellers are being warned of potential intellectual property risks. Those marketing products with titles or images containing the term "Arctic Air" may face legal consequences due to an ongoing trademark dispute.
The Plaintiff: Ontel Products Corporation
Founded in 1994 by Chuck Khubani in New Jersey, Ontel Products Corporation operates multiple sub-brands across various consumer categories, including home goods and toys. Its ARCTIC AIR evaporative cooler has become one of its flagship products. The company holds registered trademarks for both "Arctic Air" (referring to its cooling technology) and other branded items like the "Pillow Pad" pillow stand.
Legal Action Details
The lawsuit was initiated on January 13, 2021, with representation by law firm Sterne Kessler Goldstein & Fox PLLC. While proceedings continue, sellers are urged to immediately review product listings—particularly titles, images, and descriptions—for any unauthorized use of protected terms.
Merchants found using "Arctic Air" or "Pillow Pad" without authorization should remove affected listings promptly to mitigate legal exposure. Proactive measures such as modifying product details or withdrawing items may reduce liability risks.
Broader Implications
This case highlights growing enforcement of intellectual property rights in e-commerce. Sellers are advised to conduct comprehensive audits of their inventories to identify potential conflicts with Ontel's trademarks or other protected brands. Those with unaffected accounts should consider securing funds as a precautionary measure.
As trademark litigation becomes more prevalent, maintaining awareness of registered brands and adapting business practices accordingly will be crucial for sellers navigating competitive markets.