Legal Question in Intellectual Property in New Jersey

Generally speaking, under certain circumstances unregistered designs may in fact be protected under the law and thus enforceable.

Complaints to third party platform providers, such as Shopify, need to be handled with the untmost seriousness because such platforms do not adjudicate claims, rather they tend to take the safe approach (from their point of view) and suspend the the party against whom a complaint was made and have that party sort it out. Nonetheless, companies accused of breach of intellectual property rights under the DMCA do have recourse under the DMCA and typically there is a specific timeline that the accused company needs to follow in order to continue operations on the platform.

In addition as you pointed out, if the other company has purposely filed baseless accusations, to de-platform your company and harm it, then there are causes of action that may be relevant for a lawsuit such as unfair business competition, fraud in the inducement and fraudulent business practices, trade libel, and tortious interference with a business, to name just a few.

I would to examine the other company's specific allegations and your responses to date, to be able to reccomend a course of action. Please contact me directly

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Roman R. Fichman, Esq.

www.TheLegalist.com

email: Info (@) TheLegalist (dot) com

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