What is the second frozen fund for cross-border e-commerce sellers’ infringement? How did it appear?

1. Second freezing: refers to the first freezing after the law firm got the temporary injunction and told the platform to freeze the defendant’s seller’s funds; Then, after the judgment, the law firm will inform the platform to freeze the seller for the second time in order to meet the final judgment amount. Most of this happens in cases represented by GBC law firms.

There is no second freeze like GBC in other law firms for the time being.

EPS Law Firm, David Law Firm and K&A Law Firm all directly freeze all funds, either completely sealing up accounts or freezing funds indefinitely, so there is no such thing as a second freeze. Like Keith and SMG law firms, although they have the right to freeze for the second time, there has not been a similar situation so far, and most of them are frozen once.

2. How did the secondary freezing happen?

As we mentioned before, the reason for the second freezing is because of the special warning made by the law firm to meet the compensation amount finally decided by the seller, but the processor is still the platform where the seller is located. As long as the law firm obtains the temporary injunction and requests the platform to freeze, the platform will freeze again. Generally speaking, the default judgment will be two months after the temporary injunction is issued, and the judgment funds are mostly between one million and two million dollars.

3. For the secondary freezing of different platforms and solutions.

Wish platform: according to the procedure, after the court issues a temporary injunction, the platform will take a freezing action after receiving the freezing notice from the law firm. This is the first freezing; Then, after the default judgment result is issued, all the frozen amount of the seller will be transferred out, or a second freeze will be taken. Because generally speaking, the default judgment fund is much higher than the seller’s account balance, and then the settlement amount will be higher than the original account. All the second frozen amounts include all the funds of the original account, and in addition, the seller will be asked to make up the judgment amount one after another, so it is inevitable to continue to freeze. I suggest that if you don’t intend to settle, you’d better stop the store operation after the payment is returned, so as to avoid the firm’s continued freezing.

eBay platform: Basically, all judgments are much higher than the frozen funds, and the platform will transfer the frozen funds in about two or three months after receiving the judgment results. Moreover, if the seller does not choose to settle, they will continue to transfer the funds in the account. Therefore, it is suggested that if you do not settle, you should also choose to terminate the store operation, instead of creating a new PayPal account to avoid freezing. This is of no help, because the reason why the merchant is accused is infringement, and PayPal is only a tool for collecting money. Even if the account is changed, the seller’s infringement incident will not be completely solved, and the seller’s old and new accounts will be continuously frozen. And it is worth mentioning that the second freezing of the platform has been very frequent, I hope everyone can be vigilant.

Popular science: different stores that receive money from the same PayPal may be implicated. This is because the owner of the store is the same natural person or legal person. Once the legal person violates the law, all the accounts under his name may be implicated, which is the right given to the law firm to handle the case by the court judgment, so the final result still depends on whether the information held by the law firm is comprehensive and how the law firm wants to deal with it. However, a similar situation has not yet appeared.

AliExpress platform; One feature of this platform is that its bargaining power in negotiation and settlement is higher than other platforms. This is because even if the law firm has obtained the default judgment, the platform will not transfer the seller’s frozen account funds, so the seller can’t take out the account funds, and the law firm can’t do anything about the frozen amount, although the two parties will negotiate efficiently during the settlement. However, if you don’t choose reconciliation, the seller can choose to give up or continue to operate the store on this platform after returning the money. It is only important to note that it is best to control the size of the store, not to expand it too much, and besides, don’t bind the PayPal account, because once the law firm finds out, it will inevitably freeze a lot of funds, so I advise you not to take this risk.

Amazon and Wal-Mart platforms: These two platforms are very strict in punishing infringement. Once the infringement of intellectual property rights is detected, the seller’s shop is in danger. In particular, the Wal-Mart platform is pointed out. It is clearly stated in the agreement between the platform and the seller that once the seller commits counterfeiting infringement, he will directly take the punishment of closing the store. Here, I hope that everyone will not take this risk.