Amazon sellers accused of counterfeit and trademark infringement
By: Grace Gillis & CJ Rosenbaum
Cartier is one of the world’s leading luxury goods companies. Designing, manufacturing, and selling jewelry, watches, fragrances, pens, lighters, silver, and crystal, Cartier is well known.
Amazon and Cartier vs Sellers
A case has been filed recently with Amazon and Cartier as plaintiffs against YFXF and DOES 1-10. Eight sellers total have been named in the case at this time. These Amazon sellers would work around Amazon’s anti-counterfeiting detection tools by promoting their items on social media and then directing their buyers toward the Amazon storefront.
Counterfeit claims
Amazon and Cartier are claiming that the defendants sold counterfeit Cartier products on their Amazon store but that the Amazon sellers had disguised them as non-branded. The plaintiffs allege that the defendants have not only deceived consumers but that they have also lied and financially harmed Amazon as well as Cartier. Furthermore, they have tarnished Amazon’s integrity by selling counterfeit goods.
Amazon and Cartier both engage in anti-counterfeiting efforts to protect the reputation of their companies, said the complaint. The plaintiffs claim that when the defendants registered to sell on Amazon they signed a Business Solutions Agreement which requires the seller to agree to the anti-counterfeiting policy on Amazon. According to the complaint, the defendants advertised their counterfeit products and then sold them on Amazon. When the consumers ordered the counterfeits they would receive fake Cartier trademarks.
Trademark infringement
Cartier claims trademark infringement against the defendants. A trademark infringement is when someone violates the exclusive rights linked to a trademark without permission from the trademark owner or licensee.
Both Amazon and Cartier have claimed false designation of origin and violation of the Washington Consumer Protection Act. False designation of origin is when a
manufacturer makes a product and then lies about its origin or maker. The Washington Consumer Protection Act helps to protect consumers when a trader or manufacturer tries to practice any illegal trade.
This case has been reassigned to Marsha J. Pechman, United States District Judge and its new case number is 2:22-cv-00841.