Funds held by temporary restraining order from IP rights holder

guitarca18 · #1 11-26-2016

Has anyone ever had a US account that had its funds frozen because a rights holder subpoenaed amazon for seller information and had a court ordered temporary restraining order issued for funds in the accounts at the same time?

I'm just wondering what the process was or how it worked out? I did some searching but this seems like a pretty unique situation.

BigCJ · #2 11-26-2016

wow...They must think that you have a huge phake ring going on if they do that.... Not saying that you are doing that at all but..

That seems kind of serious.

guitarca18 · #3 11-26-2016

Maybe. We never sold anything having to do with this rights holder though. Trying to appeal my way out of it but this doesn't seem like the typical review from Seller Performance. I am pretty much figuring the funds are gone. Can't find the lawsuit filed in King County though so I don't know how else to find it.

BigCJ · #4 11-26-2016

Hmm if you are in NY you need to do a country wide search for the case. They may have filed in their state of residence.

elmo · #5 11-26-2016

Update on how it goes, best of luck.

guitarca18 · #6 11-29-2016

Nothing to report yet. My account is still held and no one seems to be answering...

asvp · #7 11-29-2016

I never heard of this what did you do

guitarca18 · #8 11-29-2016

Nothing. No product ASIN's provided in the complaint. I can't seem to figure out what they are trying to get us on. All I know is it looks like the IP filed a lawsuit against amazon and asked for a litigation hold on the named sellers funds. Emailing has generated nothing.

yankee · #9 11-29-2016

What is the expiration date on the temporary restraining order? This does not require any judgement. Just a complaint, a decent attorney and a judge.

Typically, it expires and the funds are released law suit or not but to get it released early will require a hearing with the judge. At least that is my limited one time experience not related to amazon.

guitarca18 · #10 11-29-2016

No idea on a date. Just got the notice that said it was enforced. No copy of the lawsuit or otherwise.

yankee · #11 11-29-2016

This usually occurs before a law suit is filed.

Just curious. Is it a significant amount of funds?

guitarca18 · #12 11-29-2016

A couple of thousand dollars on a stealth account. Had a valid tax id and bank account but that is about it.

glacier922 · #13 11-29-2016

OOoo, hope all goes well guitarca18. I had 2900 dollars held by Amazon one time. They actually paid me 90 days later. Hope all goes well, but then again, this isn't too stealth in that you have a tax id on there.

guitarca18 · #14 11-29-2016

True but its hard to get anything off the tax id. If they did their diligence on that they'd be chasing backwards through multiple shell LLC's until they eventually found me. Most people wouldn't go that far back up the chain.

glacier922 · #15 11-30-2016

That's good to hear. How many LLC subsidiaries down the tree do you have for just this one account?

alim · #16 11-30-2016

are you selling in the media category books dvd games and stuff by any chance .there are several law firms that target these categories

guitarca18 · #17 11-30-2016

Quote:

Originally Posted by glacier922

That's good to hear. How many LLC subsidiaries down the tree do you have for just this one account?

3.

If they get through that I figure they were going to find me anyway one way or another. :D

guitarca18 · #18 11-30-2016

Quote:

Originally Posted by alim

are you selling in the media category books dvd games and stuff by any chance .there are several law firms that target these categories

No. My main categories are apparel and home and garden

Bazman · #19 04-04-2021

Quote:

Originally Posted by guitarca18

3.

If they get through that I figure they were going to find me anyway one way or another. :D

Hello my friend,

Sorry I know this is an old thread, but what was the result of this?
Also what is a shell LLC and how does it relate to stealth?

Many thanks

rsot · #20 04-04-2021

Quote:

Originally Posted by Bazman

Hello my friend,

Sorry I know this is an old thread, but what was the result of this?
Also what is a shell LLC and how does it relate to stealth?

Many thanks

Unlikely to receive a reply from that person since she/he hasn't been active in awhile...

**SaiJin** · #21 04-05-2021

Old thread... if you have s similar situation, create a new thread.