Amazon and Cartier International A.G. filed a complaint in the Western District of Washington on Wednesday against the following Amazon seller accounts: YFXF and DOES 1-10, alleging that the defendants sold counterfeit Cartier products in the Amazon store while disguising them as non-branded.
Cartier International A.G. is a Swiss Corporation that distributes luxury goods such as jewelry in the United States. Both Amazon and Cartier engage in anti-counterfeiting efforts to protect the integrity of their goods and services, according to the complaint.
The plaintiffs allege that when the defendants registered to sell products on Amazon’s platform, they agreed to a Business Solutions Agreement which requires the seller to agree with Amazon’s anti-counterfeiting policy.
According to the complaint, the defendants advertised and marketed their counterfeit products, which they sold on Amazon, on third party websites. When consumers ordered the defendants’ counterfeit products, the products came with counterfeit Cartier trademarks. The plaintiffs allege that the defendants not only deceived consumers, but also willfully deceived and financially harmed Amazon and Cartier, as well as tarnished the integrity of the Amazon store.
Cartier asserts claims of trademark infringement against the defendants. Amazon and Cartier also contend claims of false designation of origin and false advertising and violation of Washington Consumer Protection Act against the defendants.
The plaintiffs seek the following for relief: an enjoinment permanently preventing the defendants from selling anymore products on Amazon and using Cartier’s brand to sell any products, an impoundment of all counterfeit products, and an award of damages, interest, and costs.
The plaintiff is represented by Davis Wright Tremaine LLP.