The Berlin Regional Court has issued its judgment in favor of Amazon and Brother in a landmark counterfeit case, ruling that all 18 defendants were part of an organised counterfeiting network that attempted to sell fake toner cartridges to unsuspecting customers.
The court awarded €500,000 in damages to Brother and confirmed the company's right to additional damages, while also upholding our contractual damage claims under the Business Solutions Agreement. The judgment marks an important milestone as our first civil lawsuit filed jointly with a brand against counterfeiters in Europe.
The legal action, originally filed with the Regional Court of Berlin in 2022, was driven by Amazon's Counterfeit Crimes Unit (CCU), a global team with specialized experience in investigating and bringing legal action against bad actors.
"Amazon has a zero-tolerance policy for counterfeit products in our store. Counterfeiting is one of the oldest crimes in history, and we're tackling it with our cutting-edge proactive tools and technology," said Kebharu Smith, Director, Amazon's Counterfeit Crimes Unit. "In the current Brother case, once we identified the issue, we acted quickly to protect customers by removing counterfeit listings, blocking relevant selling accounts, proactively notifying and refunding affected customers, and worked closely with Brother and law enforcement to hold these bad actors accountable. This court ruling is an important milestone that reinforces our commitment to protecting customers, brands, selling partners, and our store from fraud and abuse and the role of organised criminals in IP crime. We believe in the power of partnership to disrupt these complex criminal networks and will continue to work tirelessly with brands like Brother and law enforcement agencies worldwide to drive counterfeits to zero."
The court's decision includes ordering the destruction of infringing goods and requiring the defendants to disclose information on the source of the counterfeit products and sales data. The ruling confirms that all 18 defendants are jointly and liable as an organised counterfeiting network.
“Protecting our customers and partners from counterfeit products is a top priority for Brother. Counterfeit goods not only undermine trust but can damage devices, compromise print quality, and pose risks to the environment due to non-compliant materials and improper disposal. This ruling sends a clear message that we will take decisive action against organised counterfeit networks. By working closely with Amazon and law enforcement, we are reinforcing our commitment to safeguarding the integrity of our products and ensuring customers receive the quality and reliability they expect from Brother.” — Matthias Kohlstrung, Managing Director, Brother Germany.
The case revealed that the defendants had purchased empty original Brother toner cartridges and refilled them with inauthentic toner powder.
The counterfeiters attempted to evade detection by adding fake holographic security labels to mimic authentic Brother cartridge packaging. These counterfeit products, often made with unregulated and non-compliant substances, can damage printers, pose health risks to customers, and contribute to environmental harm through improper disposal and toxic materials.
In 2024, Berlin authorities carried out a large-scale dawn raid targeting the suspected counterfeit network as part of the enforcement actions connected to the case.
The judgment is final and binding for 14 out of the 18 defendants. Four defendants have appealed the judgment. This, however, does not affect the judgment for the 14 other defendants.
We're deeply committed to protecting our intellectual property and we strictly prohibit counterfeit products in our stores. The company invests heavily in preventing counterfeits through robust seller vetting, advanced machine learning technologies, and industry-leading brand protection tools like Project Zero, Brand Registry, and Transparency. Amazon's CCU works closely with law enforcement and brand partners around the world to investigate illicit trade activity and has filed numerous lawsuits against counterfeiters in partnership with brands such as GoPro, Cartier, Valentino, Salvatore Ferragamo, and many others.
For more information on our commitment to protect brands and customers, read the latest Brand Protection Report.
