Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 1 of 36
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`AMAZON.COM, INC., a Delaware corporation;
`and VALENTINO S.P.A., an Italian corporation,
`
`Plaintiffs,
`
`v.
`
`KAITLYN PAN GROUP, LLC f/k/a/ “JANE’S
`INTERNATIONAL TRADING, LLC”, a New
`York limited liability corporation; HAO PAN, an
`individual, and JOHN and/or JANE DOES 1-10,
`
`Defendants.
`
`No.
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`INTRODUCTION
`I.
`Valentino S.p.A. (“Valentino”) is a legendary luxury fashion brand. Since 1960,
`1.
`Valentino has been synonymous with high fashion apparel and merchandise worn by the well-
`dressed and fashionistas and beloved and endorsed by countless movie stars and celebrities.
`Valentino is an acknowledged industry leader, recognized for unique and innovative styling,
`high-quality materials, and outstanding craftsmanship. Its products have gained a reputation for
`their quality and bold style.
`2.
`Among Valentino’s most popular and recognizable products are its Rockstud
`shoes, sold under the Valentino Garavani and Rockstud trademarks, which feature metallic,
`three-dimensional, pyramid-shaped studs on heels, ballet flats, mules, and sandals. The
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`1
`
`4845-0427-1808v.1 0051461-001134
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 2 of 36
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`distinctive studs and their configuration and placement in the shoe design is unique to Valentino,
`well-known, and instantly recognized by consumers as a symbol of Valentino’s high-quality
`products, reputation, and goodwill. Since launching in 2010, Valentino Garavani Rockstud
`shoes have been in consistent demand in the United States and around the world and have been
`photographed on countless celebrities while earning extensive critical review and acclaim.
`Within five years of introducing the Rockstud shoes, Valentino’s revenues doubled.
`3.
`Since opening its virtual doors on the World Wide Web in July 1995,
`Amazon.com, Inc. (“Amazon”) has worked hard to build and maintain customer trust, striving to
`be the world’s most customer-centric company. Each day, millions of consumers use Amazon’s
`store to purchase a wide range of products across dozens of product categories from Amazon and
`third-party sellers.
`4.
`Amazon invests significant resources and effort into building and preserving its
`customers’ trust. To protect consumers and preserve the integrity of the Amazon store, Amazon
`has robust policies and highly developed fraud detection systems to prevent third-party bad
`actors from selling counterfeit products in Amazon’s store. When Amazon discovers that a bad
`actor is attempting to violate Amazon’s anti-counterfeiting policies, it takes immediate action to
`remove the bad actor from the store and, in appropriate cases, to permanently enjoin the bad
`actor from future sales through court orders.
`5.
`Valentino’s distinctive and bestselling Rockstud designs have been the subject of
`frequent copying by those attempting to capitalize on Valentino’s success. Two of these
`imitators are Kaitlyn Pan Group, LLC and Hao Pan (collectively “Defendants”), who introduced
`a line of shoes that blatantly copy the iconic look and design of Valentino Garavani Rockstud
`shoes, infringing Valentino’s trademark and design patents. Defendants advertise and sell the
`infringing products through their website www.kaitlynpan.com, without Valentino’s
`authorization and in violation of Valentino’s valuable intellectual property (“IP”) rights.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`2
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 3 of 36
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`Defendants also operated a selling account on Amazon’s online store through which they
`unlawfully advertised and sold infringing shoes.
`6.
`Defendants’ unlawful copying and infringement of Valentino Garavani Rockstud
`shoe designs is knowing and willful, and continues despite Valentino’s cease-and-desist letter to
`Defendants, as well as notice from Amazon to Defendants of certain of Valentino’s claims.
`7.
`As a result of their illegal actions, Defendants have infringed and misused
`Valentino’s IP; willfully deceived Amazon and its customers; attempted to compromise the
`integrity of Amazon’s store, which risked undermining the trust that customers place in Amazon
`and Valentino; tarnished Amazon’s and Valentino’s brands and reputations; and harmed Amazon
`and Valentino and their customers. Additionally, Defendants’ illegal actions have caused
`Amazon and Valentino to expend significant resources to investigate and combat Defendants’
`wrongdoing and to bring this lawsuit to prevent Defendants from inflicting further and continued
`harm on Amazon, Valentino, and their customers.
`8.
`Defendants’ illegal actions as described below breached numerous provisions of
`Amazon’s Business Solutions Agreement (“BSA”), which entitles Amazon to injunctive relief to
`stop Defendants from infringing and misusing Valentino’s IP and to prevent them from selling
`their infringing products. Defendants’ actions also constitute trademark infringement and
`counterfeiting and unfair competition under the Lanham Act, 15 U.S.C. § 1114 and § 1125,
`design patent infringement under 35 U.S.C. § 271, and unfair competition under the common law
`of Washington, for which Amazon and Valentino seek various forms of damages and equitable
`relief.
`
`THE PARTIES
`II.
`Amazon is a Delaware corporation with its principal place of business in Seattle,
`9.
`Washington. Through its subsidiaries, Amazon owns and operates the Amazon.com website,
`equivalent international websites, and Amazon stores.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 4 of 36
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`Valentino is an Italian corporation with its principal place of business in Milan,
`10.
`Italy. Valentino is the owner of several patented designs and a trademark used in connection
`with its Rockstud shoe products. Valentino and its licensees, authorized distributors, and
`affiliates are the sole and exclusive distributors in the United States of women’s shoes bearing
`the protected Rockstud designs and trademark.
`11.
`On information and belief, Defendant Kaitlyn Pan Group, LLC, formerly known
`as Jane International, LLC, is a New York entity with its principal place of business at 1967
`Wehrle Drive, Ste 1, Buffalo, New York 14221-8452. On further information and belief,
`Defendant Kaitlyn Pan Group, LLC personally participated in and/or had the right and ability to
`supervise, direct, and control the wrongful conduct alleged in this Complaint, and derived a
`direct financial benefit as a result of that wrongful conduct.
`12.
`On information and belief, Defendant Hao Pan is either an individual who resides
`in New York or is an alter ego of Defendant Kailyn Pan Group, LLC. On further information
`and belief, Hao Pan personally participated in and/or had the right and ability to supervise, direct,
`and control the wrongful conduct alleged in this Complaint, and derived a direct financial benefit
`from that wrongful conduct.
`13.
`On information and belief, Defendants John and/or Jane Does 1-10 (the “Doe
`Defendants”) are individuals and entities working in active concert to knowingly and willfully
`manufacture, import, distribute, offer for sale, and sell infringing products.
`III.
`JURISDICTION AND VENUE
`The Court has subject matter jurisdiction over Valentino’s claims for trademark
`14.
`infringement and counterfeiting under 15 U.S.C. § 1121 (action arising under Lanham Act); 28
`U.S.C. § 1331 (federal question); and subject matter jurisdiction over Valentino’s claims for
`patent infringement under 28 U.S.C. § 1338(a) (any Act of Congress relating to patents or
`trademarks).
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`4
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 5 of 36
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`The Court has jurisdiction over Amazon’s breach of contract claim pursuant to 28
`15.
`U.S.C. § 1332 (diversity) and/or 28 U.S.C. § 1367 (supplemental jurisdiction).
`16.
`The Court has personal jurisdiction over Defendants because they transacted
`business and committed tortious acts within and directed to the State of Washington, and
`Amazon’s and Valentino’s claims arise from those activities. Defendants reached out to do
`business with Washington residents by operating commercial, interactive internet storefronts
`through which Washington residents could purchase products that infringed Valentino’s IP.
`Defendants targeted sales to Washington residents by operating these internet storefronts that
`(i) offered shipping throughout the United States, including Washington; and (ii) sold infringing
`products to residents of Washington. Defendants are committing tortious acts in Washington and
`have wrongfully caused Amazon and Valentino substantial injury in Washington.
`17.
`Further, on March 25, 2015, Defendants entered into the BSA with Amazon for
`their selling account, stipulating that the “Governing Court” for claims to enjoin infringement of
`IP is state or federal court in King County, Washington.
`18.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
`substantial part of the events giving rise to the claims occurred in the Western District of
`Washington, and because the BSA explicitly rests venue in this District.
`19.
`Pursuant to Local Civil Rule 3(e), intra-district assignment to the Seattle Division
`is proper because the claims arose in this Division, where (a) Amazon resides, (b) injuries giving
`rise to suit occurred, and (c) Defendants directed their unlawful conduct.
`
`IV.
`
`FACTS
`
`A.
`
`Amazon’s Significant Efforts to Prevent the Sale of Counterfeit
`and Infringing Goods
`
`Since opening its virtual doors on the World Wide Web in July 1995,
`20.
`Amazon.com has worked hard to build and maintain customer trust, striving to be the world’s
`most customer-centric company. Each day, consumers use Amazon’s store to purchase a wide
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 6 of 36
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`range of products across dozens of product categories from Amazon and third-party sellers.
`Amazon recognizes that customer trust is hard to win and easy to lose, so Amazon invests
`significant resources and effort into building and preserving its customers’ trust.
`21.
`Amazon works hard to build a reputation as a store where customers can
`conveniently select from a wide array of authentic goods and services at competitive prices.
`Amazon invests significant effort and resources to ensure that when a customer makes a
`purchase through Amazon’s stores—either directly from Amazon or from one of its millions of
`third-party sellers—they will receive authentic products made by the true manufacturer of those
`products.
`A small number of bad actors seek to abuse that trust by attempting to create
`22.
` Amazon Selling Accounts and trying to use Amazon’s store to market, sell, and distribute
`counterfeit or infringing goods. These bad actors seek to misuse and infringe the trademarks and
`other IP of the actual manufacturer or rights owner of those goods to deceive consumers and
`Amazon. The unlawful and expressly prohibited sale of counterfeit goods in Amazon’s store
`threatens to undermine the trust that customers, sellers, and manufacturers place in Amazon, and
`tarnishes Amazon’s brand and reputation, thereby causing irreparable reputational harm.
`23.
`Amazon prohibits the sale of inauthentic and infringing products and is constantly
`innovating on behalf of its customers and working with brands, manufacturers, rights owners,
`and others to improve the ways it detects and prevents counterfeit products from being sold to
`consumers. Amazon employs dedicated teams of software engineers, research scientists,
`program managers, and investigators to operate and continually refine its anti-counterfeiting
`program. Among other things, when sellers register to sell products through Amazon’s store,
`Amazon’s automated systems scan information about the sellers for indicia that the prospective
`sellers might be bad actors, and Amazon blocks bad actors during registration before they can
`offer any products for sale.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 7 of 36
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`Amazon’s systems automatically and continuously scan thousands of variables
`24.
`related to sellers, products, and offers to detect activity that indicates products might be
`counterfeits offered by a bad actor. Amazon uses innovative machine learning to improve its
`automated systems in order to anticipate and outwit bad actors. Numerous Amazon investigators
`around the world respond quickly to review any listing identified as a potential counterfeit
`product. These investigators also review notices of claimed infringement from rights owners,
`who are most familiar with their products. When Amazon determines a product offered for sale
`is a counterfeit, it removes the product immediately. Amazon regularly suspends or blocks bad
`actors suspected of engaging in illegal behavior or infringing others’ IP rights.
`25.
`Amazon also listens to signals and feedback from customers, rights owners,
`regulators, and its selling partners to help identify and swiftly remove bad listings that make it
`past the proactive controls. For example, Amazon continuously monitors the more than 45
`million pieces of feedback it receives from customers each week. When Amazon detects issues
`based on this feedback, it takes action to address the specific issues and uses the information to
`improve its proactive controls to prevent issues from occurring in the first place.
`26.
`Amazon also works closely with brands and rights owners to strengthen
`protections for their brands on Amazon.com. Amazon continues to invest in improvements to its
`tools with the goal of reducing invalid complaints by providing a self-guided, educational, and
`streamlined reporting experience for rights owners.
`27.
`Amazon also invests heavily in developing and continuously improving its
`programs and tools to prevent counterfeiting. For example, in 2017, Amazon launched the
`Amazon Brand Registry, which is free to any rights owner with a government-registered
`trademark, regardless of their economic relationship with Amazon. Brand Registry delivers
`automated brand protections that use machine learning to predict infringement and proactively
`protect brands’ IP. Brand Registry also provides a powerful Report a Violation tool that allows
`brands to search for and accurately report potentially infringing products using state‐of-the‐art
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
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`920 Fifth Avenue, Suite 3300
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 8 of 36
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`image search technology. More than 350,000 brands are enrolled in Brand Registry, and those
`brands that do so are finding and reporting 99% fewer suspected infringements than before their
`participation in Brand Registry. Indeed, Valentino is enrolled in Brand Registry, and its
`participation has enabled Amazon to automatically block repeated efforts by bad actors to
`infringe on Valentino’s intellectual property rights for its Rockstud shoes and other Valentino
`products.
`In 2018, Amazon launched Transparency, a product serialization service that
`28.
`effectively eliminates counterfeits for enrolled products. Brands enrolled in Transparency can
`apply a unique 2D code to every unit they manufacture, which allows Amazon, other retailers,
`law enforcement, and customers to determine the authenticity of any Transparency-enabled
`product, regardless of where the product was purchased. Since Transparency’s launch in 2018,
`over 7,500 brands have enrolled, protecting over 25,000 products, and preventing over 400,000
`counterfeit products from being sold.
`29.
`In 2019, Amazon launched Amazon Project Zero, a program to empower brands
`to help Amazon drive counterfeits to zero. Amazon Project Zero introduced a novel self-service
`counterfeit removal tool that enables brands to remove counterfeit listings directly from Amazon
`stores. This enables brands to take down listings on their own and have them removed from
`Amazon stores within minutes. Since the program launched in 2019, over 9,000 brands have
`enrolled.
`In addition, Amazon partners with rights owners and law enforcement to identify
`30.
`and prosecute bad actors suspected of engaging in illegal activity. Lawsuits like this one,
`targeted directly at identified bad actors, further complement Amazon’s efforts to prevent the
`sale and distribution of counterfeit and infringing goods.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`4845-0427-1808v.1 0051461-001134
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`Davis Wright Tremaine LLP
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`920 Fifth Avenue, Suite 3300
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 9 of 36
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`Valentino and Its Anti-Counterfeiting Efforts
`B.
`For over fifty years, Valentino has been a cornerstone of the international fashion
`31.
`scene, creating statement making ready-to-wear, evocative fragrances, and signature shoes and
`handbags under the trademark Valentino Garavani.
`32.
`Valentino sells its products to customers in a variety of ways, including through
`more than nine branded designer boutiques in the United States, numerous high-end department
`stores, including Neiman Marcus, Barneys, Saks, Nordstrom, Harvey Nichols, Macy’s,
`Selfridge’s, and Bloomingdales, and other authorized third-party retailers, and its website,
`www.valentino.com.
`33.
`Valentino is the owner of an extensive intellectual property portfolio. Relevant to
`this Complaint, Valentino owns a registered trademark for “ROCKSTUD,” Trademark
`Registration No. 4362864, for use in connection with footwear, among other goods (the
`“Valentino Trademark”). A true and correct copy of the registration certificate for the Valentino
`Trademark reflecting Valentino’s ownership is attached as Exhibit A. Such right, title, and
`interest includes, without limitation, the right to sue and receive damages for past, present, and
`future trademark infringement and counterfeiting.
`34.
`By way of assignment, Valentino is the owner of all rights, title, and interest in
`and to United States Design Patent No. D818,249 for an ornamental design entitled “Shoe.”
`Design Patent No. D818,249, a copy of which is attached as Exhibit B, was duly issued on
`May 22, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
`includes, without limitation, the right to sue and receive damages for past, present, and future
`patent infringement.
`35.
`By way of assignment, Valentino is the owner of all rights, title, and interest in
`and to United States Design Patent No. D817,608 for an ornamental design entitled “Shoe.”
`Design Patent No. D817,608, a copy of which is attached as Exhibit C, was duly issued on
`May 15, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`Davis Wright Tremaine LLP
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`includes, without limitation, the right to sue and receive damages for past, present, and future
`patent infringement.
`36.
`By way of assignment, Valentino is the owner of all rights, title and interest in
`and to United States Design Patent No. D779,796 for an ornamental design entitled “Shoe.”
`Design Patent No. D779,796, a copy of which is attached as Exhibit D, was duly issued on
`February 28, 2017, by the United States Patent and Trademark Office. Such right, title, and
`interest includes, without limitation, the right to sue and receive damages for past, present, and
`future patent infringement.
`37.
`By way of assignment, Valentino is the owner of all rights, title, and interest in
`and to United States Design Patent No. D835,895 for an ornamental design entitled “Shoe.”
`Design Patent No. D835,895, a copy of which is attached as Exhibit E, was duly issued on
`December 18, 2018, by the United States Patent and Trademark Office. Such right, title, and
`interest includes, without limitation, the right to sue and receive damages for past, present, and
`future patent infringement.
`38.
`By way of assignment, Valentino is the owner of all rights, title, and interest in
`and to United States Design Patent No. D812,354 for an ornamental design entitled “Shoe.”
`Design Patent No. D812,354, a copy of which is attached as Exhibit F, was duly issued on
`March 13, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
`includes, without limitation, the right to sue and receive damages for past, present, and future
`patent infringement.
`39.
`By way of assignment, Valentino is the owner of all rights, title, and interest in
`and to United States Design Patent No. D852,473 for an ornamental design entitled “Shoe.”
`Design Patent No. D852,473, a copy of which is attached as Exhibit G, was duly issued on
`July 2, 2019, by the United States Patent and Trademark Office. Such right, title, and interest
`includes, without limitation, the right to sue and receive damages for past, present, and future
`patent infringement.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`Davis Wright Tremaine LLP
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 11 of 36
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`The design patents described in Paragraphs 33–39 are referred to collectively as
`40.
`“Valentino’s Design Patents.”
`
`U.S. Design Patent
`Registration
`Number
`D818,249
`
`Valentino Design Patent
`
`D817,608
`
`D779,796
`
`D835,895
`
`D812,354
`
`D852,473
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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`Davis Wright Tremaine LLP
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 12 of 36
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`Valentino is committed to protecting consumers from counterfeit and infringing
`41.
`products. Valentino regularly monitors websites for counterfeit and infringing products, and
`works cooperatively with retailers and other entities around the world to combat the sale of
`counterfeits. Partnering with Amazon in the shared goal to eradicate counterfeiting is a critical
`part of Valentino’s strategy.
`
`C.
`
`Defendants Created an Amazon Selling Account and Agreed Not to
`Sell Counterfeit and Infringing Goods
`
`Defendants established and operated an Amazon selling account, through which
`42.
`they sought to advertise, market, sell, and distribute counterfeit Valentino Garavani Rockstud
`shoes.
`
`To become a third-party seller on Amazon’s website, sellers are required to agree
`43.
`to the BSA, which governs the applicant’s access to and use of Amazon’s services and sets forth
`Amazon’s rules and restrictions for selling through the website. By entering into the BSA, each
`seller represents and warrants that it “will comply with all applicable Laws in [the] performance
`of [its] obligations and exercise of [its] rights” under the BSA. A true and correct copy of the
`BSA Defendants signed is attached as Exhibit H.
`44.
`The BSA incorporates (and sellers therefore agree to be bound by) Amazon’s
`Anti-Counterfeiting Policy, attached as Exhibit I, which explicitly prohibits the sale of
`counterfeit goods in the Amazon store:
`
` The sale of counterfeit products is strictly prohibited.
` You may not sell any products that are not legal for sale, such
`as products that have been illegally replicated, reproduced, or
`manufactured
` You must provide records about the authenticity of your
`products if Amazon requests that documentation
`Failure to abide by this policy may result in loss of selling
`privileges, funds being withheld, destruction of inventory in our
`fulfilment centers, and other legal consequences.
`
`Id.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`12
`
`4845-0427-1808v.1 0051461-001134
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 13 of 36
`
`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment to
`45.
`preventing the sale and distribution of counterfeit goods in the Amazon store, and the
`consequences Amazon imposes when it becomes aware of counterfeiting:
`
` Sell Only Authentic and Legal Products. It is your
`responsibility to source, sell, and fulfill only authentic products
`that are legal for sale. Examples of prohibited products include:
`o Bootlegs, fakes, or pirated copies of products or content
`o Products that have been illegally replicated, reproduced, or
`manufactured
`o Products that infringe another party’s intellectual property
`rights
` Maintain and Provide Inventory Records. Amazon may request
`that you provide documentation (such as invoices) showing the
`authenticity of your products or your authorization to list them
`for sale. You may remove pricing information from these
`documents, but providing documents that have been edited in
`any other way or that are misleading is a violation of this
`policy and will lead to enforcement against your account.
` Consequences of Selling Inauthentic Products. If you sell
`inauthentic products, we may immediately suspend or
`terminate your Amazon selling account (and any related
`accounts), destroy any inauthentic products in our fulfillment
`centers at your expense, and/or withhold payments to you.
` Amazon Takes Action to Protect Customers and Rights
`Owners. Amazon also works with manufacturers, rights
`holders, content owners, vendors, and sellers to improve the
`ways we detect and prevent inauthentic products from reaching
`our customers. As a result of our detection and enforcement
`activities, Amazon may:
`o Remove suspect listings.
`o Take legal action against parties who knowingly violate
`this policy and harm our customers. In addition to criminal
`fines and imprisonment, sellers and suppliers of inauthentic
`products may face civil penalties including the loss of any
`amounts received from the sale of inauthentic products, the
`damage or harm sustained by the rights holders, statutory
`and other damages, and attorney’s fees.
` Reporting Inauthentic Products. We stand behind the products
`sold on our site with our A-to-z Guarantee, and we encourage
`rights owners who have product authenticity concerns to notify
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`13
`
`4845-0427-1808v.1 0051461-001134
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`1 2 3 4 5 6 7 8 9
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 14 of 36
`
`us. We will promptly investigate and take all appropriate
`actions to protect customers, sellers, and rights holders. You
`may view counterfeit complaints on the Account Health page
`in Seller Central.
`
`Id.
`
`By virtue of becoming a third-party seller on Amazon’s website, and establishing
`46.
`a selling account, Defendants explicitly agreed to, and are bound by, the BSA (among other
`agreements). Defendants thus agreed not to advertise, market, sell, or distribute counterfeit
`products.
`
`The Iconic Valentino Garavani Rockstud Shoe Collection
`D.
`In 2010, Valentino designers Maria Grazia Chiuiri and Pierpaolo Piccioli created
`47.
`the Valentino Garavani Rockstud footwear collection, which rapidly grew into one of
`Valentino’s most iconic and popular lines and quickly achieved renown with consumers, the
`media and the footwear industry.
`48.
`Since their debut in 2010, Valentino has continuously and extensively marketed,
`promoted, and sold its Rockstud shoes, which are sold under the Valentino Garavani Trademark
`and incorporate Valentino’s Design Patents. Indeed, the Rockstud shoes have been a mainstay
`on store shelves for over a decade, highlighting their strength in the market and constant
`profitability.
`Valentino Garavani Rockstud shoes sold under the Valentino Trademark and
`49.
`using Valentino’s Design Patents have been described as “one of the biggest footwear hits of the
`last decade,” as holding a place in “the iconic accessories” hall of fame, and as one of “the most
`iconic design accessories of all time.”1
`
`1 Tied up, valentino style, Birmingham Mail (UK), 2017 WLNR 30459934, (Oct. 5, 2017);
`Emma Akbareian, Sold out Valentino Rockstud shoes send company profits soaring, Independent
`Online (June 1, 2015), https://www.independent.co.uk/life-style/fashion/news/valentino-
`rockstud-shoes-send-company-profits-soaring-10289001.html; Milli Midwood, The Rise of the
`Valentino Rockstud, The Luxury Closet (Oct. 21, 2015), https://blog.theluxurycloset.com/2015/
`10/21/rise-valentino-rockstud/.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
`14
`
`4845-0427-1808v.1 0051461-001134
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`1 2 3 4 5 6 7 8 9
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`Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 15 of 36
`
`50.
`
`Valentino has sold hundreds of million dollars’ worth of Rockstud shoes since
`
`2010.
`
`51. Within five years of introducing the Rockstud shoes, Valentino’s revenues
`doubled.2
`Valentino Garavani Rockstud shoes currently retail between US$425.00 and
`52.
`US$1,095.00, underscoring their exclusivity and high quality.
`53.
`Valentino has invested millions of dollars in promoting the sales of its Rockstud
`shoes in a wide variety of media.
`54.
`Valentino Garavani Rockstud shoes have been heavily and widely promoted
`throughout the United States and the world, featured by different media outlets, and worn by
`countless celebrities appearing in magazines, social media, and news articles.
`55.
`Valentino Garavani Rockstud shoes have been the subject of extensive third-
`party press and unsolicited media coverage, such as in Vogue, Harper’s Bazaar, and the Wall
`Street Journal.
`56.
`In short, the media recognizes that “Valentino [Garavani] Rockstud shoes have
`become a closet staple in every silhouette and sh