2024年7月，世鼎盾知识产权法律服务团队接到老客户A公司的咨询，称其经营的TEMU店铺是上述表格所述案件的被告之一，相应的店铺资金已经被平台根据TRO冻结。经查询，原告ABOVE ALL CO. FOREARM FORKLIFT, INC.,公司是一家总部位于南加州的企业，成立于二十年前，由一名美国陆军退伍军人创办。其主营业务为前臂叉车吊带，这款产品凭借其创新的人体工程学设计，在行业内取得了显著的市场份额，并受到消费者的广泛好评。该产品的设计旨在减少因繁重与重复的提升动作而引发的潜在伤害，极大地提高了工作效率与安全性。由于产品很受欢迎，很多商家开始争相销售该产品。原告在美国伊利诺伊州北部地区法院起诉众多电商平台店铺侵犯其在美国登记的第3106662号FOREARM FORKLIFT商标和大约8个版权登记作品的著作权。该案的代理律所是很多跨境电商公司熟知的位于芝加哥的律所Sullivan & Carter, LLP，我们处理过很多这个律所代理的TRO案件。我们一方面向客户了解情况，另一方面联系了对方律师了解相关案件情况，最终确认，A公司经营的TEMU店铺的涉案产品销售页面使用了原告的5幅照片，而A公司并未获得原告的相应授权，因此涉嫌著作权侵权。A公司在本案中不涉及商标侵权的问题。

涉案版权照片之一

在美国，根据17 U.S. Code §504的规定，著作权侵权的赔偿计算方式为原告的实际损失、被告的获利或法定赔偿，其中法定赔偿为不低于$750但不高于$30,000，如果是故意侵权则可顶格判赔$150,000。像其他大多数附表A的案件一样，原告诉请赔偿实际损失，但是也可在判决出来前将实际损失的主张更换为法定赔偿的主张。

世鼎盾知识产权法律服务团队根据客户的具体涉案情况，为客户分析了案件具体情况，客户决定庭外和解。之后我们与对方律师展开了艰难的谈判，最终促使了案件的顺利解决。

附：

17 U.S. Code § 504 - Remedies for infringement: Damages and profits

(a)In General.—Except as otherwise provided by this title, an infringer of copyright is liable for either—

(1)the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2)statutory damages, as provided by subsection (c).

(b)Actual Damages and Profits.—

The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

(c)Statutory Damages.—

(1)Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2)In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in section 118(f)) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.

(3)

(A)In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement.

(B)Nothing in this paragraph limits what may be considered willful infringement under this subsection.

(C)For purposes of this paragraph, the term “domain name” has the meaning given that term in section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”; 15 U.S.C. 1127).

(d)Additional Damages in Certain Cases.—

In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.