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Amazon and GoPro File Joint Lawsuit against Counterfeiters

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Amazon and GoPro have filed a lawsuit against nine defendants for counterfeiting GoPro's camera accessories, such as 'The Handler' and '3-Way' grip. Filed in the U.S. District Court for Western Washington, the suit claims defendants misused GoPro's trademarks to mislead customers. Amazon proactively closed the defendants' accounts and refunded affected customers. The Counterfeit Crimes Unit, established by Amazon in 2020, plays a key role in combating counterfeit products, having invested over $700 million that year to protect its platform.

Positive
  • Amazon has taken proactive measures against counterfeit sales by refunding affected customers and closing the sellers' accounts.
  • The lawsuit demonstrates Amazon's commitment to protecting intellectual property rights and maintaining a trustworthy marketplace.
Negative
  • The presence of counterfeit products on Amazon's platform raises concerns about the effectiveness of its seller verification processes.

Today, Amazon.com, Inc. (“Amazon”) (NASDAQ: AMZN) and GoPro, Inc. (“GoPro”) (NASDAQ: GPRO) unsealed a jointly filed lawsuit against seven individuals and two entities (the “defendants”) for counterfeiting GoPro’s popular camera accessories, including the floating hand grip, “The Handler,” and the “3-Way” grip, extension arm, and tripod mount. The defendants attempted to offer the infringing products in Amazon’s store, violating Amazon’s policies, infringing on GoPro’s trademarks, and breaking the law.

The lawsuit was filed in the United States District Court for the Western District of Washington and alleges that the nine defendants used GoPro’s registered trademarks without authorization to deceive customers about the authenticity and origin of the products and create a false affiliation with GoPro. Amazon closed the defendants’ selling accounts and proactively refunded the impacted customers.

"When counterfeiters attempt to sell in our store, they not only violate the intellectual property rights of companies like GoPro, they also mislead consumers and harm Amazon's reputation as a place to buy authentic goods,” said Kebharu Smith, Director of Amazon’s Counterfeit Crimes Unit.

Amazon strictly prohibits infringing and counterfeit products in its store, and in 2020, Amazon invested more than $700 million and employed more than 10,000 people to proactively protect its store from fraud, counterfeit, and abuse. Amazon uses industry-leading tools to verify potential sellers’ identities and ensure product listings are authentic, and Amazon’s proprietary systems analyze hundreds of unique data points to verify information provided by potential sellers. In 2020, only 6% of attempted new seller account registrations passed Amazon’s robust verification processes and listed products for sale. In addition, fewer than 0.01% of all products sold on Amazon received a counterfeit complaint from customers

In June 2020, Amazon launched its Counterfeit Crimes Unit, a global team dedicated to pursuing counterfeiters and holding them accountable to the fullest extent of the law, including by working through the court system and in partnership with law enforcement. Amazon has filed a series of lawsuits against counterfeiters, including a suit against individuals using social media to promote and facilitate the sale of counterfeits, as well as joint lawsuits with apparel manufacturer HanesBrands, Italian luxury brands Valentino and Ferragamo, cosmetics brand KF Beauty, family travel accessory brand JL Childress, cooler manufacturer YETI, family-owned-and-operated card game company Dutch Blitz, and global board game publisher Asmodee.

GoPro was founded in 2002 and its products are used extensively by active people wishing to capture and share themselves in immersive and exciting ways. GoPro makes the world’s most versatile cameras and mounts, subscription-based cloud services and sophisticated, yet simple-to-use content-management and mobile editing software. The Handler floating hand grip helps customers capture themselves and others in the water without the fear of losing a camera to the depths. The 3-Way mount features a three-in-one design enabling use as a camera grip, extension arm, or tripod, providing the ultimate in versatility.

The court filings are available here:

  • Case: Amazon.com Inc et all v. Pengyu Building Materials et all 2:21-cv-00358-RAJ, United States District Court for the Western District of Washington

Amazon has an extensive history protecting brands and taking action to hold bad actors accountable:

About Amazon

Amazon is guided by four principles: customer obsession rather than competitor focus, passion for invention, commitment to operational excellence, and long-term thinking. Amazon strives to be Earth’s Most Customer-Centric Company, Earth’s Best Employer, and Earth’s Safest Place to Work. Customer reviews, 1-Click shopping, personalized recommendations, Prime, Fulfillment by Amazon, AWS, Kindle Direct Publishing, Kindle, Career Choice, Fire tablets, Fire TV, Amazon Echo, Alexa, Just Walk Out technology, Amazon Studios, and The Climate Pledge are some of the things pioneered by Amazon. For more information, visit amazon.com/about and follow @AmazonNews.

About GoPro

GoPro helps the world capture and share itself in immersive and exciting ways.

For more information, visit www.gopro.com. Members of the press can access official brand and product images, logos and reviewer guides by visiting GoPro's press portal. GoPro customers can submit their photos, raw video clips and edits to GoPro Awards for an opportunity to be featured on GoPro's social channels and receive gear and cash awards. Learn more at www.gopro.com/awards. Connect with GoPro on Facebook, Instagram, LinkedIn, TikTok, Twitter, YouTube, and GoPro's blog The Inside Line.

FAQ

What is the lawsuit filed by Amazon and GoPro about?

The lawsuit addresses counterfeiting of GoPro's camera accessories by nine defendants, who were misleading customers by using GoPro's trademarks.

When was the lawsuit against the counterfeiters filed?

The lawsuit was filed today in the U.S. District Court for the Western District of Washington.

What actions has Amazon taken against the counterfeiters?

Amazon closed the selling accounts of the defendants and refunded the impacted customers.

What is the Counterfeit Crimes Unit established by Amazon?

The Counterfeit Crimes Unit, launched in June 2020, focuses on prosecuting counterfeiters and protecting intellectual property.

What products were targeted in the counterfeit lawsuit?

The lawsuit specifically targets counterfeits of GoPro's 'The Handler' floating grip and '3-Way' grip, extension arm, and tripod mount.

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