Amazon and GoPro 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, sophisticated, yet simple-to-use content-management and mobile editing software, and subscription-based cloud services. The Handler floating hand grip helps users 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:
Amazon.com Inc et al v. Pengyu Building Materials et al 2:21-cv-00358-RAJ
Amazon has an extensive history protecting brands and taking action to hold bad actors accountable:
- Amazon and Asmodee File Joint Lawsuit Against Counterfeiters
- Amazon and HanesBrands File Joint Lawsuits Against Infringers of Champion Trademarks
- Amazon Published Comprehensive Brand Protection Report Demonstrating Progress Toward Driving Counterfeits to Zero
- Amazon Establishes Counterfeit Crimes Unit to Bring Counterfeits to Justice
- Amazon Launches IP Accelerator in Europe to Help Small Businesses Protect Their Brands and Tackle Counterfeit
- IPR Center, Amazon Launch ‘Operation Fulfilled Action’ to Stop Counterfeiters
- Amazon Files Lawsuit Against Counterfeiters Using Social Media to Promote Sales
- Amazon and YETI File Joint Lawsuit against Counterfeiters
- Amazon and Salvatore Ferragamo File Two Joint Lawsuits Against Counterfeiters