Amazon and Nintendo Seek Over $7 Million in Lawsuit Against Sellers of Fake Amiibo and Nintendo Products
[summaraize]
In October 2023, Amazon and Nintendo filed a joint lawsuit against a group of sellers accused of illegally selling counterfeit Nintendo products, including amiibo figures and fake video game cartridges.
Although Amazon and Nintendo eventually discovered the sellers’ identities, these individuals did not respond to the lawsuit. As a result, the companies have now filed documents asking the court for a default judgment seeking over 7 million dollars in legal damages.
Sellers of Counterfeit Nintendo Products Could Face Big Fines
The original complaint stated that the counterfeit sellers had agreed not to sell fake products on Amazon when they registered as third-party sellers, but they went ahead and sold a variety of counterfeit Nintendo products. These items, which Amazon sent to Nintendo for confirmation of their counterfeit nature, included posters, amiibo cards, as well as Nintendo DS cartridges.
According to the lawsuit, Amazon closed the sellers’ accounts. The sellers are accused of trademark infringement, deceptive advertising, breach of contract, and violation of the Washington Consumer Protection Act.
In new documents filed on Tuesday, the companies claim that the group of sellers sold at least 2,343,386 dollars worth of counterfeit Nintendo products. The legal damages could range from 27,000 to 54 million dollars, but the companies are asking for 7,030,158 dollars, which is three times the estimated sales of the counterfeit items.
The lawyers for Amazon and Nintendo stated, “This amount is conservative and on the low end of the range of damages available for Defendants’ wrongdoing, but it is significant enough to provide deterrence against future counterfeiting conduct.”
The companies hope that this fine will prevent sellers from misusing the Nintendo brand in the future. They are now waiting for the court’s decision on the judgment.
In related news, Nintendo recently filed a lawsuit against a grocery store named “Super Mario” in San Ramón, Costa Rica, to force a name change. However, the Costa Rican National Registry rejected Nintendo’s request, ruling that the “Super Mario” trademark was not classified in the country.
[Source: Polygon]
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