Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 1 of 63
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`No.
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`AMAZON.COM, INC., a Delaware
`corporation,
`
`Plaintiff,
`
`v.
`KELLY FITZPATRICK, an individual;
`SABRINA KELLY-KREJCI, an individual;
`KANG WANG, an unknown entity, d/b/a
`SEVENSTAR;
`PUTIAN WEISEN TRADING CO., LTD, an
`unknown entity, d/b/a LWENSTORE; JOSE A.
`PAGAN, an individual, d/b/a GAM SPORTS;
`YAN RUIQUN, an individual, d/b/a
`KALOSUHA; JESSE A. FASNACHT, an
`individual, d/b/a BRADYYER; BRADY
`MICHAEL ABBOTT, an individual;
`ZHUXIUBING, an unknown entity, d/b/a
`GOGO TRENDY; CHENMAOQING, an
`unknown entity, d/b/a MYERH STORE;
`QUANFUWOWANGLUOKEJI (SHENZHEN)
`YOUXIANGONGSI, an unknown entity, d/b/a
`KEABIE; JINJIANGSHI OUSAIER TRADE
`CO., LTD, an unknown entity, d/b/a WINJOY
`MALL;
`JINANSHITIANQIAOQUNATAISHANGMA
`OYOUXIANGONGSI, an unknown entity,
`d/b/a BIIKII;
`HANDANSHIHANSHANQUZUOCHANGM
`AOYIYOUXIANGONGSI, an unknown entity,
`d/b/a GBEEGBEE,
`
`Defendants.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 1
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 2 of 63
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`INTRODUCTION
`I.
`This case involves the Defendants’ unlawful and expressly prohibited
`1.
`advertisement, promotion, and/or sale of counterfeit luxury products on Amazon.com. Amazon
`brings this lawsuit to permanently prevent and enjoin Defendants Kelly Fitzpatrick
`(“Fitzpatrick”), Sabrina Kelly-Krejci (“Kelly-Krejci”) and the Seller Defendants identified
`below (collectively, “Defendants”), from causing future harm to Amazon’s customers and to
`hold Defendants accountable for their illegal actions. As set forth in detail below, this case
`revolves around a pair of individuals, Defendants Kelly Fitzpatrick and Sabrina Kelly-Krejci,
`who engage in social influencer activities on various websites and apps for the admitted
`purpose of promoting, advertising, and facilitating the sale of counterfeit luxury fashion goods
`by the Seller Defendants. Together, they engage in a sophisticated campaign of false
`advertising for the purpose of evading Amazon’s counterfeit detection tools.
`2.
`For example, Fitzpatrick and Kelly-Krejci publish videos, photographs, and
`detailed descriptions of clearly infringing products on their social media and other websites and
`apps, and link to offer listing pages in the Amazon store. Fitzpatrick and Kelly-Krejci refer to
`the products they promote as “dupes,” a fashion industry term that connotes items that may
`have similarities to a designer item but that do not copy logos or trademarked features.
`However, that is not what Fitzpatrick and Kelly-Krejci are advertising to their followers: these
`so-called “dupes” are obviously counterfeit goods that blatantly copy the registered trademarks
`of luxury brands.
`3.
`Often, the Amazon pages display only a generic, seemingly non-infringing
`product; the counterfeit nature of the product is revealed only to those who order and receive
`the product. As Fitzpatrick routinely instructs her followers in social media posts: “Order
`this/Get this!” as depicted in the below July 15, 2020 post from Fitzpatrick’s @Styleeandgrace
`Instagram account:
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 2
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 3 of 63
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`As Fitzpatrick explains to her followers, a “hidden link” means “[y]ou order a certain product
`that looks nothing like the designer dupe in order to hide the item from getting taken down [by
`Amazon] and orders being cancelled”:1
`
`In other words, order a seemingly non-infringing item in order to get a counterfeit fashion
`product – the very essence of false advertising, as the product Defendants are advertising on
`Amazon is simply a false placeholder designed to evade Amazon’s counterfeit detection
`
`1 https://www.styleeandgrace.com/video-review-dior-saddle-bag-amazon-hidden-link-find/
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 3
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 4 of 63
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`systems. Once the orders are placed, the Seller Defendants and other bad actors then ship
`counterfeit products to customers. Contrary to Fitzpatrick’s assertion, however, Amazon does
`not “let the links sell out”; rather, Amazon blocks the product as soon as it becomes aware of
`the true infringing nature. But Fitzpatrick and Kelly-Krejci are persistent in their promotion of
`counterfeit items. When Instagram and other websites and apps have removed their social
`media accounts, Fitzpatrick and Kelly-Krejci have simply created new accounts to continue
`their illicit activities.
`4.
`For all their deceptive advertising, Fitzpatrick and Kelly-Krejci make no efforts to
`conceal their true motive behind this scheme: Hiding the counterfeits from Amazon, which
`employs sophisticated brand protections to prevent infringing items from ever being advertised
`in the Amazon store. Indeed, after Amazon became aware of Fitzpatrick’s “Order this, get
`this” scheme and shut down the offending order pages, Fitzpatrick lamented to her followers,
`“Amazon has rarely has [sic] any dupes lately and that’s because they’ve cracked down so
`hard.”2 As a result of Amazon having “cracked down so hard” on “dupes,” Fitzpatrick began
`directing her followers to other e-commerce websites: “I know it’s a big change to switch from
`Amazon to [a different website] but this [switch] guarantees that the links do not get reported
`and shut down….” (Emphasis added.)3 Similarly, Kelly-Krejci has directed her followers to
`use “hidden links” to order counterfeit products, emphasizing that she “know[s] some people
`feel weird ordering from hidden links but in this case you will get something fabulous.”4 A
`“hidden link” is one where the offer listing page shows a generic, non-infringing item but the
`product that is actually delivered is different from what is shown.
`
`II. BACKGROUND
`5. The Amazon store offers products and services to customers in more than 100
`countries around the globe. Some of the products are sold directly by Amazon, while others are
`
`2 https://www.styleeandgrace.com/video-review-cc-wristlet-clutch-bag-trusted-dh-gate-seller-previously-on-
`amazon/
`3 https://www.styleeandgrace.com/video-review-cc-wristlet-clutch-bag-trusted-dh-gate-seller-previously-on-
`amazon/
`4 https://budgetstylefiles.com/review-cc-wristlet-ama-z0n/
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 4
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 5 of 63
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`sold by Amazon’s numerous selling partners. The Amazon brand is one of the most well-
`recognized, valuable, and trusted brands in the world. In order to protect customers and
`safeguard its reputation for trustworthiness, Amazon invests heavily in both time and resources
`to prevent counterfeit goods from being sold in its store.
`6.
`From in or about November 2019 through the filing of the Complaint, Defendants
`have advertised, marketed, offered, and/or sold counterfeit luxury products to deceive Amazon
`and customers about the authenticity and origin of the products and the products’ affiliation
`with various luxury brands.
`7. As a result of their illegal actions, Defendants have willfully deceived and harmed
`Amazon and its customers, compromised the integrity of the Amazon store, and undermined
`the trust that customers place in Amazon. Defendants’ illegal actions have caused Amazon to
`expend significant resources to investigate and combat Defendants’ wrongdoing and to bring
`this lawsuit to prevent Defendants from inflicting future harm to Amazon and its customers.
`
`III.PARTIES
`Amazon.com, Inc. is a Delaware corporation with its principal place of business in
`8.
`Seattle, Washington. Through its subsidiaries, Amazon.com, Inc. owns and operates the
`Amazon.com website, counterpart international websites, and the Amazon store (collectively,
`“Amazon”).
`9. Defendants are a collection of individuals and entities who conspired and operated
`in concert with each other to engage in the counterfeiting scheme alleged in this Complaint. In
`some cases, the Seller Defendants took intentional and affirmative steps to attempt to hide their
`true identities and whereabouts from Amazon by using fake names and contact information,
`and unregistered businesses to conduct their activities. Defendants are liable for their wrongful
`conduct both directly and under principles of secondary liability, including, without limitation,
`respondeat superior and/or vicarious liability.
`10. On information and belief, Defendant Kelly Fitzpatrick is an individual who
`resides in Islip Terrace, New York who personally participated in and/or had the right and
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 5
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 6 of 63
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`ability to supervise, direct, and control the wrongful conduct alleged in this Complaint, and
`derived a direct financial benefit from that wrongful conduct.
`11. On information and belief, Defendant Sabrina Kelly-Krejci is an individual who
`resides in Beloit, Wisconsin who 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.
`12. On information and belief, Defendant Kang Wang d/b/a Sevenstar is an individual
`who resides in China who 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, Defendant Putian Weisen Trading Co., Ltd d/b/a
`Lwenstore is a business based in China that 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.
`14. On information and belief, Defendant Jose A. Pagan d/b/a Gam Sports is an
`individual who resides in Kissimmee, Florida who 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.
`15. On information and belief, Defendant Yang Ruiqun d/b/a Kaloshua is an individual
`who resides in China who 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.
`16. On information and belief, Jesse A. Fasnacht d/b/a Bradyyer is an individual who
`resides in Norristown, Pennsylvania who 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.
`17. On information and belief, Brady Michael Abbott is an individual who resides in
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 6
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 7 of 63
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`Norristown, Pennsylvania who 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.
`18. On information and belief, Defendant Zhuxiubing d/b/a Gogo Trendy is a business
`based in China that 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.
`19. On information and belief, Defendant Chenmaoqing d/b/a Myerh Store is a
`business based in China that 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.
`20. On information and belief, Defendant Quanfuwowangluokeji (Shenzhen)
`youxiangongsi d/b/a Keabie is a business based in China that 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.
`21. On information and belief, Defendant Jinjiangshi Ousaier Trade Co., Ltd d/b/a
`Winjoy Mall is a business based in China that 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.
`22. On information and belief, Defendant
`jinanshitianqiaoqunataishangmaoyouxiangongsi d/b/a BIIKII is a business based in China that
`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.
`On information and belief, Defendant
`23.
`handanshihanshanquzuochangmaoyiyouxiangongsi d/b/a GbeeGbee is a business based in
`China that participated in and/or had the right and ability to supervise, direct, and control the
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 7
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 8 of 63
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`wrongful conduct alleged in this Complaint, and derived a direct financial benefit from that
`wrongful conduct.
`
`IV. JURISDICTION AND VENUE
`The Court has subject matter jurisdiction over Amazon’s Lanham Act claims for
`24.
`false designation and false advertising and for contributory false designation and false
`advertising, pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a). The Court also
`has subject matter jurisdiction over Amazon’s claim for violation of the Washington Consumer
`Protection Act, pursuant to 28 U.S.C. §§ 1332 and 1367.
`25.
`The Court has personal jurisdiction over all Defendants because they transacted
`business and committed tortious acts within and directed to the State of Washington, and
`Amazon’s claims arise from those activities. Defendants affirmatively undertook to do
`business with Amazon, a corporation with its principal place of business in Washington, by
`promoting, advertising or selling counterfeit products in the Amazon store. Defendants
`advertised and/or shipped products bearing counterfeit products to consumers in Washington.
`Each of the Defendants committed, or facilitated the commission of, tortious acts in
`Washington and has wrongfully caused Amazon substantial injury in Washington.
`26.
`In addition, the Seller Defendants have consented to the jurisdiction of this
`Court by agreeing to the Amazon Services Business Solutions Agreement (“BSA”), which
`provides that the “Governing Courts” for claims to enjoin infringement or misuse of intellectual
`property rights are state or federal courts located in King County, Washington.
`27.
`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.
`Pursuant to Local Civil Rule 3(d), intra-district assignment to the Seattle
`28.
`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.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 8
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`920 Fifth Avenue, Suite 3300
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 9 of 63
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`V. FACTS
`Amazon’s Efforts to Prevent the Sale of Counterfeit Goods
`A.
`Amazon works hard to build and protect the reputation of its store as a place
`29.
`where customers can conveniently select from a wide array of authentic goods and services at
`competitive prices. Amazon invests a vast amount of resources to ensure that when customers
`make purchases through the Amazon store—either directly from Amazon or from one of its
`millions of third-party sellers—customers receive authentic products made by the true
`manufacturer of those products.
`30.
`A small number of bad actors seeks to take advantage of the trust customers
`place in Amazon by attempting to create Amazon Selling Accounts to advertise, market, offer,
`and sell counterfeit products. These bad actors seek to misuse and infringe the trademarks and
`other IP of the true manufacturers of those products to deceive Amazon and its customers. This
`unlawful and expressly prohibited conduct undermines the trust that customers, sellers, and
`manufacturers place in Amazon, and tarnishes Amazon’s brand and reputation, thereby causing
`irreparable harm to Amazon.
`31.
`Amazon prohibits the sale of inauthentic and fraudulent products and is
`constantly innovating on behalf of customers and working with brands, manufacturers, rights
`owners, and others to improve the detection of counterfeit products and prevention of
`counterfeit products ever being offered to customers through the Amazon store. Amazon
`employs dedicated teams of software engineers, research scientists, program managers, and
`investigators to prevent counterfeits from being offered in the Amazon store. Amazon’s
`systems automatically and continuously scan thousands of data points to detect and remove
`counterfeits from its store and to terminate the Selling Accounts of bad actors before they can
`offer counterfeit products. Each week Amazon monitors more than 45 million pieces of
`feedback it receives from customers, rights owners, regulators, and selling partners. When
`Amazon identifies issues based on this feedback, it takes action to address them. Amazon also
`uses this intelligence to improve its proactive prevention controls.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 9
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`Seattle, WA 98104-1640
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 10 of 63
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`In 2017, Amazon launched the Amazon Brand Registry, a free service to any
`32.
`rights owner with a government-registered trademark, regardless of the brand’s 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 image search technology. More than
`350,000 brands are enrolled in Brand Registry, and those brands are finding and reporting 99%
`fewer suspected infringements since joining Brand Registry.
`33.
`In 2018, Amazon launched Transparency, a product serialization service that
`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 10,000 brands have enrolled, protecting brands and customers from counterfeits being sold
`in the Amazon store.
`34.
`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
`the Amazon store. This enables brands to take down counterfeit product offerings on their own
`within minutes. Since the program launched in 2019, over 10,000 brands have enrolled.
`35.
`In addition to these measures, Amazon actively cooperates with rights owners
`and law enforcement to identify and prosecute bad actors suspected of engaging in illegal
`activity. Lawsuits, like this one, are integral components of Amazon’s efforts to combat
`counterfeits.
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 11 of 63
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`B.
`
`Seller Defendants Created Amazon Selling Accounts and Agreed Not to Sell
`Counterfeit Goods
`The Seller Defendants controlled and operated the Amazon Selling Accounts
`36.
`detailed in section D & H below through which they sought to advertise, market, sell, and
`distribute counterfeit products. In connection with these Selling Accounts, the Seller
`Defendants provided names, email addresses, and banking information for each account.
`37.
`To become a selling partner in the Amazon store, sellers are required to agree to
`the Amazon Business Solutions Agreement (BSA), which governs the applicant’s access to and
`use of Amazon’s services and states Amazon’s rules 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 applicable version of the BSA, namely, the version when
`Seller Defendants last used Amazon’s Services, is attached as Exhibit A.
`38.
`The BSA incorporates and sellers therefore agree to be bound by Amazon’s
`Anti-Counterfeiting Policy, the applicable version of which is attached as Exhibit B. The Anti-
`Counterfeiting Policy expressly 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.
`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment
`39.
`to preventing the sale and distribution of counterfeit goods in the Amazon store together with
`the consequences of doing so:
`
` 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:
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 12 of 63
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`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 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.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 12
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
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`

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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 13 of 63
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`40. When they registered as sellers in the Amazon store, and established their
`Selling Accounts, Seller Defendants agreed not to advertise, market, offer, sell, or distribute
`counterfeit products.
`
`C.
`
`Defendant Kelly Fitzpatrick Advertised, Promoted, and Facilitated Sales of
`Sellers’ Counterfeit Products.
`Fitzpatrick is very active on social media and attempts to monetize her presence
`41.
`by promoting counterfeit products. Fitzpatrick’s social media accounts are entitled
`“Styleeandgrace” or other iterations or variations on that name, such as “Gracefullystylish.”
`Fitzpatrick uses an array of social media websites and apps to advertise counterfeit products,
`including Instagram, TikTok, Facebook, Twitter, and the website liketoknow.it. She also
`created her own website, Styleeandgrace.com, to promote counterfeit luxury products. On
`these websites, Fitzpatrick posts photos and videos of counterfeit products, highlighting their
`false designation of origin – indeed, in one video promoting a counterfeit Gucci belt, she
`celebrated a false “Made in Italy” designation of origin.5 For products sold on Amazon,
`Fitzpatrick then provides a link to an Amazon store order page where the counterfeit product
`can be ordered (although the product is often disguised on the order page as a non-infringing
`product).
`Amazon’s Associate Program works with legitimate social media influencers
`42.
`such as content creators, publishers, and bloggers and helps them monetize their traffic by
`earning fees for sharing Amazon products with their followers. Amazon Associates are
`prohibited from advertising or promoting products that violate the intellectual property rights of
`others.
`On November 23, 2019, Fitzpatrick joined the Amazon Associates program with
`43.
`the username Kellyfitzpa02-20.
`44.
`On March 6, 2020, Amazon warned Fitzpatrick that she had been advertising
`counterfeit products in violation of the Amazon Associates program.
`
`5 https://www.styleeandgrace.com/video-review-gg-large-pearl-belt-amazon-finds/
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 13
`
`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
`
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 14 of 63
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`On March 7, 2020, after receiving additional evidence of Fitzpatrick’s
`45.
`promotion of counterfeit products, Amazon closed Fitzpatrick’s Kellyfitzpa02-20 Associate
`account.
`Upon information and belief, in April and May 2020, Fitzpatrick attempted to
`46.
`open at least two other Associate accounts, kellyfitz-20 and budgetstylefi-20, and worked with
`Kelly-Krejci to open at least one of those accounts.
`47.
`Amazon closed these two Associate accounts based on their relationship with
`Fitzpatrick.
`Even after Fitzpatrick was blocked from participating in the Amazon Associates
`48.
`program, she continued to use her social media websites and apps to advertise counterfeit
`products in the Amazon store. On information and belief, Fitzpatrick was paid directly by
`Seller Defendants for her promotions.
`49.
`For example, from April through at least July 2020, Fitzpatrick used her
`Instagram @Styleeandgrace to advertise counterfeit products sold on Amazon.com.
`50.
`As shown in the test purchases below, Fitzpatrick deceived Amazon and its
`customers by working with Seller Defendants to remove indicia of infringement from the
`Amazon offer listing page in order to evade Amazon’s fraud and counterfeit detection tools.
`Because the offer listing pages displayed general, non-infringing products without any brand or
`trademark identification, only Fitzpatrick’s followers knew that the products for sale were
`counterfeits based upon Fitzpatrick’s explicit instruction and links. Any customers who wanted
`to order the non-infringing item that was listed in Amazon’s store, such as the plain black belt
`and wallet described below, would have received a different product from what they were
`expecting.
`On July 27, 2020, Fitzpatrick admitted on her Instagram page that she
`51.
`communicates directly with the Amazon sellers she promotes, in the context of describing her
`relationship with a non-Amazon seller: “Please know that I am not in contact with these sellers
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 14
`
`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
`
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`Case 2:20-cv-01662 Document 1 Filed 11/12/20 Page 15 of 63
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`and cannot help you with returns like I do with the sellers on amazon and Instagram.”
`(Emphasis added.)
`
`On July 27, 2020, on information and belief, Instagram took down Fitzpatrick’s
`52.
`@Styleeandgrace account.
`53. Thereafter, on July 31, 2020, Fitzpatrick created a new Instagram account under the
`name @Gracefullystylish to advertise counterfeit products sold on Amazon. Although
`Fitzpatrick futilely tried to distance herself from illicit counterfeiting activity by describing
`herself as, “Not a seller, I just review,” she immediately posted a link to counterfeit products
`under “Shop my favorites here.”
`
`54.
`
`On August 10, 2020, Instagram took down Fitzpatrick’s @Gracefullystylish
`
`page.
`
`One day later, on August 11, 2020, Fitzpatrick created yet another Instagram
`55.
`account, @styleeandgrace11, and launched her own website, Styleeandgrace.com. On this
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 15
`
`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
`206.622.3150 main · 206.757.7700 fax
`
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`Case 2:20-cv-01662 Document 1 Filed 11/12