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Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 1780
Experience:  Experienced lawyer
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I recently opened a Shopify store. It uses Oberlo to order

Customer Question

I recently opened a Shopify store. It uses Oberlo to order and ship items through AliExpress. There are items from AliExpress that have brand names on them, but I don't know if the actual products are official merchandise from the trademarked companies or Chinese knock-offs instead..... My question is, in the case that they are knockoffs, who assumes the liability if one of the companies has a problem with it and decides to sue?
Is it the product manufacturer, the shipper, the online merchant (my shopify store), or the platform it is being sold on (Shopify & AliExpress)?
JA: Has the trademark been used in commerce? What are the goods or services?
Customer: what does used in commerce mean? It is for fitness apparel. Some brand examples are LVFT and GymShark.
JA: What state are you in?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 2 months ago.
Category: Business Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.In such situations the plaintiff will normally first name the seller but also look to reach down the line to evertyone involved in production and sale. If the direct seller was innocent too would sue the manufacturer or own seller for contribution.Please let me know if that is acceptable and feel free to reply back and follow up