A Western District of Washington action filed Thursday has accused defendants Samuel Katz, Gig Trading Inc., and unnamed others of selling inauthentic games on Amazon.com Inc.’s marketplace. With Amazon, plaintiff Asmodee Group SAS, the owner of the registered trademark at issue, seeks to hold the defendants accountable for harm to their customers, intellectual property, and reputation.
The filing explains that Asmodee is a French company and leading games publisher and distributor. It’s “blockbuster” portfolio reportedly includes A Game of Thrones: The Board Game, Pandemic, and CATAN.
According to the complaint, the defendants are individuals, both known and unknown, “who conspired and operated in concert with each other to engage in the counterfeiting scheme.” The plaintiffs aver that they took intentional steps to hide their true identities and whereabouts in order to effectuate their agenda in secrecy.
They purportedly marketed and sold two counterfeit card games made by Asmodee, “Dixit: Daydreams Expansion” and “Dixit: Revelations Expansion.” Asmodee’s U.S. distributor and subsidiary investigated after Amazon received customer complaints that ordered copies of the counterfeit game Dixit: Daydreams was second-rate to the authentic product.
Allegedly, and in the words of a customer, the game cards were adorned with “horrible, DULL artwork.” After concluding that fake products were to blame, Amazon and Asmodee allegedly shut down the defendants’ seller accounts.
The complaint states three federal claims for trademark infringement, and a companion claim under Washington law. It requests permanent injunctive relief, and an order impounding all counterfeit and infringing products bearing the Dixit Trademark, damages, and award of the plaintiffs’ fees and costs.Notably, this week’s complaint follows other action taken by Amazon and third-party merchant HanesBrands last week. In a series of complaints, the plaintiffs there alleged that more than two dozen Chinese companies were selling fake Champion-branded merchandise.
Amazon and Asmodee are represented by Davis Wright Tremaine LLP, the same counsel representing Amazon and Hanesbrands in the aforementioned litigation.
