GBC Assumes Bounce Curl Lawsuit Escalating Trademark Disputes for Sellers

The EdgeLift hairbrush, a viral product designed specifically for curly hair, has once again become the focus of intellectual property litigation. Following the hefty settlement fees imposed by the Keener law firm in July that left many sellers struggling, the brand Bounce Curl has now enlisted GBC to initiate a new wave of legal action. Three related cases (24-cv-11392, 24-cv-11419, and 24-cv-11425) were officially filed on November 5, 2024. With GBC's aggressive approach, how should sellers respond?

Case Review: The Shadow of High Settlement Costs

On July 29, 2024, the Keener law firm, representing Bounce Curl, filed a lawsuit (24-cv-06575) against alleged infringements involving the EdgeLift hairbrush. The case implicated over 200 defendants, and the final settlement amounts were so high that many sellers chose to abandon their stores to avoid further losses. Keener’s uncompromising stance and aggressive demands left a lasting impression on cross-border e-commerce sellers.

GBC Takes Over: A New Opportunity or Continued Challenges?

The switch to GBC as the plaintiff’s legal representative may offer a glimmer of hope for affected sellers. Known for its assertive enforcement tactics yet relatively flexible settlement strategies, GBC—often dubbed a "bully firm"—may provide more room for negotiation compared to Keener. This means sellers could potentially organize collective responses, engage in proactive communication, and secure more reasonable settlement terms to mitigate losses.

Case Analysis: Bounce Curl and the EdgeLift Hairbrush

Bounce Curl, LLC, founded by Merian Odeso in 2015, specializes in curly and wavy hair care. The brand offers a comprehensive range of products, including cosmetics, shampoos, hair serums, and essential oils. Among its lineup, the EdgeLift hairbrush stands out as a star product, praised for helping users achieve smooth, natural hairstyles while reducing frizz and tangles. Its popularity quickly spread globally, driving strong sales.

Key Risk Areas: Trademarks, Copyrights, and Patents

To effectively navigate the lawsuit, sellers must carefully assess potential infringements. Key areas of concern include:

• Trademark Infringement: Check product titles, descriptions, and keywords for unauthorized use of Bounce Curl’s registered trademarks, such as "Bounce Curl" or "EdgeLift." Even variations may constitute infringement.
• Copyright Infringement: Review product images, descriptions, and promotional materials for unauthorized use of Bounce Curl’s original content.
• Patent Infringement: The EdgeLift hairbrush may be protected by design or utility patents. Sellers must confirm whether their products resemble Bounce Curl’s patented designs.

Recommended Actions: Proactive Measures to Minimize Risk

Facing GBC’s litigation, sellers should take immediate steps to reduce exposure:

1. Conduct a Thorough Review: Scrutinize all listed products, particularly those related to curly hair care, for potential infringements.
2. Remove Risky Listings: If infringing products are identified, take them down immediately and retain evidence to strengthen negotiation positions.
3. Seek Legal Counsel: Consult an intellectual property attorney to evaluate risks, strategize responses, and negotiate settlements.
4. Collaborate with Other Sellers: Form alliances to share legal costs and amplify bargaining power.
5. Engage in Constructive Dialogue: Work with legal representatives to communicate proactively with GBC, aiming for pre-trial resolutions.

Case Information Summary

As intellectual property enforcement in cross-border e-commerce grows stricter, sellers must remain vigilant, strengthen compliance, and act decisively when faced with litigation. Professional guidance and strategic responses are critical to safeguarding business interests.