Amazon’s CCU trying to stop false infringement notices
September 17, 2024
A new lawsuit targets bad actors who obtained invalid trademarks or filed fake complaints in an effort to remove products from the Amazon store.
Amazon’s Counterfeit Crimes Unit (CCU) filed a lawsuit against multiple bad actors who applied for and obtained invalid trademarks that they used to gain access to Amazon Brand Registry, and who submitted numerous false infringement notices in an effort to have Amazon selling partners and their listings removed from the store.
The false takedown notices harmed Amazon selling partners and customers by attempting to reduce product selection, thereby damaging the integrity of Amazon’s store.
The lawsuit also names two additional defendants who facilitated the bad actors’ scheme: an attorney who was sanctioned by the USPTO for breaching the USPTO’s rules of conduct, and a company named Asin Enterprise Management Consulting Ltd. Both profited through their collection of fees in exchange for filing invalid trademark applications on behalf of their clients and for assisting their clients in gaining access to Brand Registry.
After the bad actor clients improperly gained access to Brand Registry, they then submitted false infringement notices against honest selling partners, so that customers were more likely to buy the same products from the bad actors.
This lawsuit is part of a new offensive against abusive notice submitters that target Amazon’s selling partners, and follows the company’s first such lawsuits filed in 2023.
“This lawsuit sends a clear message that Amazon will pursue all measures to hold bad actors accountable and support our selling partners,” said Kebharu Smith, Director of Amazon’s Counterfeit Crimes Unit. “The defendants in this case knowingly deceived Amazon’s selling partners, customers, and store, or they helped to facilitate the deceptive conduct. This lawsuit intends to shut down defendants’ operation, preventing them from harming others across the entire retail supply chain.”
Amazon also filed a joint lawsuit with Thought Catalog, owner and operator of Thought Catalog Books, a small independent book publisher, against bad actors who attempted to sell counterfeit books in Amazon’s store. The defendants named in the lawsuit submitted fraudulent documents and identification information to circumvent Amazon’s seller verification processes. They then advertised and sold counterfeit books infringing on Thought Catalog’s trademark and copyrights in order to deceive customers about the authenticity of the books and affiliation with Thought Catalog.
Thought Catalog is enrolled in Brand Registry and Project Zero, a programme that allows brands to directly remove counterfeit listings from Amazon’s store, and actively used both tools to identify and address the attempted counterfeiting. Thought Catalog conducted test purchases and examined the physical books, confirming they were inauthentic and infringing on their intellectual property rights. Amazon swiftly removed relevant selling accounts from the Amazon store, and proactively provided refunds to all affected customers.
“Thought Catalog goes to great lengths to preserve the authenticity of our books,” said Noelle Beams, Chief Operating Officer at Thought Catalog. “Fake or counterfeit books harm authors and customers alike, and we are committed to protecting intellectual property rights from anyone who profits from the sale of illicit products. We are grateful for Amazon’s collaboration in bringing these fraudsters to justice.”
The lawsuits were filed in the federal U.S. District Court for the Western District of Washington under case numbers: 2:24-cv-01471 and 2:24-cv-01464.
Categories : Around the Industry
Tags : Amazon. CCU Brands Fake Infringement Notices IP Lawsuit
