Amazon lost the lawsuit! Deemed to cover up third-party sellers selling counterfeit goods

2023-09-15
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Author:Wang Dongjie
Source: ennews

Although Amazon strictly prohibits counterfeit products, there are still many counterfeit products on the platform. Often, Amazon turns a blind eye and waits for the brand to protect its rights before dealing with them. It is not uncommon for Amazon to shield third-party sellers for profit, but Amazon always defends itself.

 

Recently, according to foreign media reports,brandMagula won over Amazon over the case of sheltering third-party sellers selling counterfeit goods, and the court ruled that the company's case against Amazon was a "clear forgery case".

 

Magula is an Israeli brand. According to its official website, the company mainly designs and manufactures professional military grade tools for loading and unloading magazines, and the official website now specifically indicates that they are not sold on Amazon or eBay platforms.

 

Cross border shipping to Amazon lost the lawsuit! Deemed to cover up third-party sellers selling counterfeit goods

(Image sourceMagula official website)

 

Amazon third-party sellers sell low quality productsAfter Magula's counterfeit product malfunctioned, the buyer expressed dissatisfaction directly to Magula because they were unaware that it was a counterfeit product, and returned the defective product to Magula. After receiving the product, the brand learned that it was a cheap counterfeit product.

 

Amazon claims that it should not be an infringementMagula is responsible for the intellectual property issue, and the platform only provides services to other sellers, attempting to shift the blame onto third-party sellers. However, the evidence collected by Magula indicates that Amazon's rebuttal is not valid.

 

The court denied many of Amazon's doubts and, with strong opposition from Amazon, approved multiple inspections of Amazon's warehouses,Found in the warehouse withCounterfeit products with the words "X" and "COINETRFEIT",This evidence was later destroyed by Amazon.

 

Cross border shipping to Amazon lost the lawsuit! Deemed to cover up third-party sellers selling counterfeit goods

(Image sourceMondaq)

 

Magula stated that for many years, she has been trying to collaborate with Amazon to solve these problems, explaining to Amazon how to distinguish between genuine and counterfeit products, and hoping that Amazon will take stricter measures to identify counterfeit products. However, Amazon has not stopped providing, selling, and shipping counterfeit products. In litigation,Magula pointed out over 40 counterfeit products that Amazon sells and ships to its customers.

 

In the court's ruling,The judge came to a conclusionThis is not a case that Amazon can exempt from liabilityTherefore, the court rejected Amazon's motion and ordered both parties to mediate.

 

This case is an example of the brand's successful rights protection, and it is believed that Amazon will also strengthen its scrutiny of counterfeit products.


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