Case 2:21-cv-00171 Document 1 Filed 02/11/21 Page 1 of 23
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`
`
`Plaintiffs,
`
`v.
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`AMAZON.COM, INC., a Delaware
`corporation; and SALVATORE FERRAGAMO
`S.P.A., an Italian corporation,
`
`
`
`
`
`ZHAO HAO JUN, an individual d/b/a
`ZHAOHA032OJUN; ZHANG LIANFA, an
`individual d/b/a
`CANGZHOUSHUOFENGDIANZIKEJIZZX;
`CANGZHOUSHUOFENGDIANZIKEJIYOUX
`IANGONGSI, a Chinese entity; and DOES 1-
`10,
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`
`
`
`
`
`
`
`No.
`
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`
`
`
`Defendants.
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`I.
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`INTRODUCTION
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`1.
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`This case involves the Defendants’ unlawful and expressly prohibited sale of
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`counterfeit Salvatore Ferragamo S.p.A. (“Ferragamo”) belts on Amazon.com. Amazon and
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`Ferragamo jointly bring this lawsuit to permanently prevent and enjoin Defendants from
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`causing future harm to Amazon’s and Ferragamo’s customers, reputations, and intellectual
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`property, and to hold Defendants accountable for their illegal actions.
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`2.
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`The Amazon store offers products and services to customers in more than 100
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`countries around the globe. Some of the products are sold directly by Amazon, while others are
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 2 of 23
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`sold by Amazon’s numerous third-party selling partners. The Amazon brand is one of the most
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`well-recognized, valuable, and trusted brands in the world. In order to protect customers and
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`safeguard its reputation for trustworthiness, Amazon invests heavily in both time and resources
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`to prevent counterfeit goods from being sold in its store. In 2019 alone, Amazon invested over
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`$500 million and employed more than 8,000 employees to protect its store from fraud and
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`abuse. Amazon stopped over 2.5 million suspected bad actor selling accounts before they
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`published a single listing for sale and blocked more than six billion suspected bad listings
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`before they were published. As a result of these efforts and investment, 99.9% of all products
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`viewed by customers on Amazon did not have a valid counterfeit complaint.
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`3.
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`Ferragamo, which has always been a byword for top quality and Made in Italy
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`products, is one of the main players in the luxury industry and its origins date back to 1927.
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`Ferragamo is mainly active in the creation, production and sale of footwear, leather goods,
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`apparel, silk products, and other accessories, as well as fragrances for men and women. Taking
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`into account the entire distribution network, Ferragamo is present in over 90 countries all over
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`the world with several retail stores in the United States, including one in Bellevue, Washington.
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`Ferragamo works constantly to consolidate and increase over time the value of the brand and
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`maintain high quality standards for the products and distribution processes through investments
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`in research, product innovation, IT and business support.
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`4.
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`Ferragamo owns, manages, enforces, licenses, and maintains intellectual
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`property, including various trademarks. Relevant to this Complaint, Ferragamo owns the
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`following registered trademarks (“Ferragamo Trademarks”).
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`Mark
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`Registration No. (International
`Classes)
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`SALVATORE FERRAGAMO
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`1,016,032 (IC 010, 025, 026)
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 3 of 23
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`1,208,600 (IC 026)
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`1,609,161 (IC 025)
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`2,051,981 (IC 025)
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`4,514,247 (IC 018, 025)
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`4,578,196 (IC 018, 025)
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`6,127,042 (IC 025)
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`True and correct copies of the registration certificates for the Ferragamo Trademarks are
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`attached as Exhibit A.
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`5.
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`From February 2020 through November 2020, Defendants advertised, marketed,
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`offered, and sold counterfeit Ferragamo products in the Amazon store, using Ferragamo’s
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`registered trademarks, without authorization, to deceive customers about the authenticity and
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`origin of the products and the products’ affiliation with Ferragamo.
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 4 of 23
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`6.
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`As a result of their illegal actions, Defendants have infringed and misused
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`Ferragamo’s intellectual property (“IP”), willfully deceived and harmed Amazon, Ferragamo,
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`and their customers, compromised the integrity of the Amazon store, and undermined the trust
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`that customers place in Amazon and Ferragamo. Defendants’ illegal actions have caused
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`Amazon and Ferragamo to expend significant resources to investigate and combat Defendants’
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`wrongdoing and to bring this lawsuit to prevent Defendants from inflicting future harm to
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`Amazon, Ferragamo, and their customers.
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`II.
`
`PARTIES
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`7.
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`Amazon.com, Inc. is a Delaware corporation with its principal place of business
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`in Seattle, Washington. Through its subsidiaries, Amazon.com, Inc. owns and operates the
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`Amazon.com website, counterpart international websites, and the Amazon store (collectively,
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`“Amazon”).
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`8.
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`Ferragamo is an Italian corporation with its principal place of business in
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`Florence, Italy.
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`9.
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`Defendants are a collection of individuals, both known and unknown, who
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`conspired and operated in concert with each other to engage in the counterfeiting scheme
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`alleged in this Complaint. In many cases, Defendants took intentional and affirmative steps to
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`hide their true identities and whereabouts from Amazon and Ferragamo by using fake names
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`and contact information, and unregistered businesses to conduct their activities. Defendants are
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`subject to liability for their wrongful conduct both directly and under principles of secondary
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`liability including, without limitation, respondeat superior, vicarious liability, and/or
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`contributory infringement.
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`10.
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`On information and belief, Defendant Zhao Hao Jun, d/b/a zhaoha032ojun, is an
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`individual who resides in China who personally participated in and/or had the right and ability
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`to supervise, direct, and control the wrongful conduct alleged in this Complaint, and derived a
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`direct financial benefit from that wrongful conduct.
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 5 of 23
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`11.
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`On information and belief, Defendant Zhang Lianfa, d/b/a
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`cangzhoushuofengdianzikejiZZX, is an individual who resides in China who personally
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`participated in and/or had the right and ability to supervise, direct, and control the wrongful
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`conduct alleged in this Complaint, and derived a direct financial benefit from that wrongful
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`conduct.
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`12.
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`On information and belief, Defendant
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`cangzhoushuofengdianzikejiyouxiangongsi is a Chinese entity with its principal place of
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`business at Qingxiancaosizhencaosicun, Cangzhoushi, Hebeisheng, China 062652. On further
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`information and belief, Defendant cangzhoushuofengdianzikejiyouxiangongsi personally
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`participated in and/or had the right and ability to supervise, direct, and control the wrongful
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`conduct alleged in this Complaint, and derived a direct financial benefit from that wrongful
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`conduct.
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`13.
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`On information and belief, Defendants Does 1-10 (the “Doe Defendants”) are
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`individuals and entities working in active concert with each other and the named Defendants to
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`knowingly and willfully manufacture, import, advertise, market, offer, and sell counterfeit
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`Ferragamo products. The identities of Does 1-10 are presently unknown to Plaintiffs.
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`14.
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`On information and belief, each Defendant has acted in concert with all
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`Defendants and other unknown parties to willfully advertise and sell counterfeit Ferragamo
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`products. These parties are related by the similarity of counterfeit product, indistinguishable
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`tactics used in listings, identical pricing for all products, uniform packaging, and apparent
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`common supplier, among other indicators.
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`III.
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`JURISDICTION AND VENUE
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`15.
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`The Court has subject matter jurisdiction over Amazon’s and Ferragamo’s
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`Lanham Act claims for 1) trademark infringement; and 2) false designation and false
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`advertising pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a). The Court has
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`subject matter jurisdiction over Amazon’s and Ferragamo’s claim for violation of the
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`Washington Consumer Protection Act pursuant to 28 U.S.C. §§ 1332 and 1367.
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 6 of 23
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`16.
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`The Court has personal jurisdiction over all Defendants because they transacted
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`business and committed tortious acts within and directed to the State of Washington, and
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`Amazon’s and Ferragamo’s claims arise from those activities. Defendants affirmatively
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`undertook to do business with Amazon, a corporation with its principal place of business in
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`Washington, and sold through the Amazon store products bearing counterfeit versions of the
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`Ferragamo Trademarks and which otherwise infringed Ferragamo’s IP. Defendants shipped
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`products bearing counterfeit versions of the Ferragamo Trademarks to consumers in
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`Washington. Each of the Defendants committed, or facilitated the commission of, tortious acts
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`in Washington and has wrongfully caused Amazon and Ferragamo substantial injury in
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`Washington.
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`17.
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`Further, the named Defendants have consented to the jurisdiction of this Court
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`by agreeing to the Amazon Services Business Solutions Agreement (“BSA”), which provides
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`that the “Governing Courts” for claims to enjoin infringement or misuse of intellectual property
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`rights are state or federal courts located in King County, Washington.
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`18.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
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`substantial part of the events giving rise to the claims occurred in the Western District of
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`Washington.
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`19.
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`Venue is proper in this Court also with respect to Defendants by virtue of the
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`allegations stated in paragraph 15 above, which are incorporated herein.
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`20.
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`Pursuant to Local Civil Rule 3(d), intra-district assignment to the Seattle
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`Division is proper because the claims arose in this Division, where (a) Amazon resides,
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`(b) injuries giving rise to suit occurred, and (c) Defendants directed their unlawful conduct.
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`IV.
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`FACTS
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`A.
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`21.
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`Amazon’s Efforts to Prevent the Sale of Counterfeit Goods
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`Amazon works hard to build and protect the reputation of its store as a place
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`where customers can conveniently select from a wide array of authentic goods and services at
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`competitive prices. Amazon invests a vast amount of resources to ensure that when customers
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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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 7 of 23
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`make purchases through the Amazon store—either directly from Amazon or from one of its
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`millions of third-party sellers—customers receive authentic products made by the true
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`manufacturer of those products.
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`22.
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`A small number of bad actors seeks to take advantage of the trust customers
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`place in Amazon by attempting to create Amazon Selling Accounts to advertise, market, offer,
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`and sell counterfeit products. These bad actors seek to misuse and infringe the trademarks and
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`other IP of the true manufacturers of those products to deceive Amazon and its customers. This
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`unlawful and expressly prohibited conduct undermines the trust that customers, sellers, and
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`manufacturers place in Amazon, and tarnishes Amazon’s brand and reputation, thereby causing
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`irreparable harm to Amazon.
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`23.
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`Amazon prohibits the sale of inauthentic and fraudulent products and is
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`constantly innovating on behalf of customers and working with brands, manufacturers, rights
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`owners, and others to improve the detection and prevention of counterfeit products ever being
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`offered to customers through the Amazon store. Amazon employs dedicated teams of software
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`engineers, research scientists, program managers, and investigators to prevent counterfeits from
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`being offered in the Amazon store. Amazon’s systems automatically and continuously scan
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`thousands of data points to detect and remove counterfeits from its store and to terminate the
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`Selling Accounts of bad actors before they can offer counterfeit products. Each week Amazon
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`monitors more than 45 million pieces of feedback it receives from customers, rights owners,
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`regulators, and selling partners. When Amazon identifies issues based on this feedback, it
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`takes action to address them. Amazon uses this intelligence also to improve its proactive
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`prevention controls.
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`24.
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`In 2017, Amazon launched the Amazon Brand Registry, a free service to any
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`rights owner with a government-registered trademark, regardless of the brand’s relationship
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`with Amazon. Brand Registry delivers automated brand protections that use machine learning
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`to predict infringement and proactively protect brands’ IP. Brand Registry also provides a
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`powerful Report a Violation Tool that allows brands to search for and accurately report
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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
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`Case 2:21-cv-00171 Document 1 Filed 02/11/21 Page 8 of 23
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`potentially infringing products using state‐of-the‐art image search technology. More than
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`350,000 brands, including Ferragamo, are enrolled in Brand Registry, and those brands are
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`finding and reporting 99% fewer suspected infringements since joining Brand Registry.
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`25.
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`In 2018, Amazon launched Transparency, a product serialization service that
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`effectively eliminates counterfeits for enrolled products. Brands enrolled in Transparency can
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`apply a unique 2D code to every unit they manufacture, which allows Amazon, other retailers,
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`law enforcement, and customers to determine the authenticity of any Transparency-enabled
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`product, regardless of where the product was purchased. Since Transparency’s launch in 2018,
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`over 10,000 brands have enrolled, protecting brands and customers from counterfeits being sold
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`in the Amazon store.
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`26.
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`In 2019, Amazon launched Amazon Project Zero, a program to empower brands
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`to help Amazon drive counterfeits to zero. Amazon Project Zero introduced a novel self-
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`service counterfeit removal tool that enables brands to remove counterfeit listings directly from
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`the Amazon store. This enables brands to take down counterfeit product offerings on their own
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`within minutes. Since the program launched in 2019, over 10,000 brands have enrolled.
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`27.
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`In addition to these measures, Amazon actively cooperates with rights owners
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`and law enforcement to identify and prosecute bad actors suspected of engaging in illegal
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`activity. Lawsuits, like this one, are integral components of Amazon’s efforts to combat
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`counterfeits.
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`B.
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`28.
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`Ferragamo and Its Anti-Counterfeiting Efforts
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`Over the years Ferragamo has implemented a series of offline and online anti-
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`counterfeiting measures to protect its customers and the value of its brand. Its online
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`monitoring activities have enabled it to achieve significant results. More than 100,000 listings
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`of counterfeited products are identified, blocked and removed from online stores and
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`marketplaces on an annual basis. Ferragamo also carries out actions offline through court, out-
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`of-court, administrative and criminal proceedings and cooperates with enforcement authorities
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`all over the world.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 8
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`Davis Wright Tremaine LLP
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:21-cv-00171 Document 1 Filed 02/11/21 Page 9 of 23
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`29.
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`Ferragamo is currently enrolled in Amazon Brand Registry and Project Zero.
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`Ferragamo began actively using the tools and protections provided by these programs after and
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`in response to the counterfeiting activity described in this Complaint.
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`C.
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`Defendants Created Amazon Selling Accounts and Agreed Not to Sell
`Counterfeit Goods
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`30.
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`Defendants controlled and operated the two Amazon Selling Accounts detailed
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`in section D below through which they sought to advertise, market, sell, and distribute
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`counterfeit Ferragamo products. In connection with these Selling Accounts, Defendants
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`provided names, email addresses, and banking information for each account.
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`31.
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`Between February and November of 2020, Defendants established two Amazon
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`Selling Accounts through which they sought to advertise, market, sell, and distribute
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`counterfeit Ferragamo products. When Defendants opened these two accounts, they provided
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`names, addresses, and banking information for each Account. Plaintiffs’ investigations have
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`revealed that the address for one account does not exist; namely, there is no property or
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`business associated with the given address. Furthermore, on information and belief, the names
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`provided by Defendants for the two Accounts are fictitious.
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`32.
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`To become a third-party seller in the Amazon store, sellers are required to agree
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`to the BSA, which governs the applicant’s access to and use of Amazon’s services and states
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`Amazon’s rules for selling through the website. By entering into the BSA, each seller
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`represents and warrants that it “will comply with all applicable laws in [the] performance of
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`[its] obligations and exercise of [its] rights” under the BSA. A true and correct copy of the
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`applicable version of the BSA, namely, the version when Defendants last used Amazon’s
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`Services, is attached as Exhibit B.
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`33.
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`The BSA incorporates, and sellers therefore agree to be bound by, Amazon’s
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`Anti-Counterfeiting Policy, the applicable version of which is attached as Exhibit C. The
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`Anti-Counterfeiting Policy expressly prohibits the sale of counterfeit goods in the Amazon
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`store:
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 9
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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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 10 of 23
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` 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.
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`34.
`
`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment
`
`to preventing the sale and distribution of counterfeit goods in the Amazon store together with
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`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:
`
`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:
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 10
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 11 of 23
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`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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`Id.
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`35. When they registered as third-party sellers in the Amazon store, and established
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`their Selling Accounts, Defendants agreed not to advertise, market, offer, sell or distribute
`
`counterfeit products.
`
`D.
`
`36.
`
`Test Purchases from Defendants’ Selling Accounts
`
`Defendants advertised, marketed, offered, and sold Ferragamo-branded products
`
`in the Amazon store. Amazon has conducted multiple test purchases from the Defendants’
`
`Selling Accounts and Ferragamo has determined that the test-purchased products are
`
`counterfeit and each bears a counterfeit Ferragamo registered trademark.
`
`Selling Account #1 – zhaoha032ojun
`
`37.
`
`At all times described herein, Selling Account zhaoha032ojun was controlled
`
`and operated by Defendant Zhao Hao Jun and, on information and belief, other parties, known
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`and unknown.
`
`38.
`
`On October 16, 2020, Amazon conducted three test purchases from Selling
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`Account zhaoha0320jun for what appeared to be Ferragamo-branded belts complete with
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`Ferragamo marks and design elements. The offer listing pages, however, omitted any mention
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`of the Ferragamo word mark in the product descriptions in an apparent effort to evade
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`Amazon’s anti-counterfeiting detection tools:
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 11
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 12 of 23
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`Product photos from zhaoha032ojun seller page
`listings
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`39.
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`Defendants shipped product that bore the Ferragamo Trademarks and other
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`indications of its brand. Ferragamo compared the products to its authentic products and
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 12
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 13 of 23
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`
`
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`determined there were distinct differences in construction and details. A depiction comparing
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`the counterfeit product supplied by Defendants with an authentic version of the product
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`follows:
`
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`Images of zhaoha032ojun counterfeit product containing
`Ferragamo word mark
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`Images of genuine Ferragamo product
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`Selling Account # 2 – cangzhoushuofengdianzikejiZZX
`
`40.
`
`At all times described herein, Selling Account cangzhoushuofengdianzikejiZZX
`
`was controlled and operated by Defendant cangzhoushuofengdianzikejiyouxiangongsi and, on
`
`information and belief, other parties, known and unknown.
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 14 of 23
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`
`
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`41.
`
`On October 16, 2020, Amazon conducted three test purchases from Selling
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`Account cangzhoushuofengdianzikejiZZX for what appeared to be Ferragamo-designed belts
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`complete with Ferragamo marks and design elements. The offer listing pages, however,
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`omitted any mention of the Ferragamo word mark in the product descriptions in an apparent
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`effort to evade Amazon’s anti-counterfeiting detection tools:
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`Product photos from
`cangzhoushuofengdianzikejiZZX seller page listings
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`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 15 of 23
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`
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`42.
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`Defendants shipped product that bore the Ferragamo Trademarks and other
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`indications of its brand. Ferragamo compared the products to its authentic products and
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`determined there were distinct differences in construction and details. A depiction comparing
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`the counterfeit product supplied by Defendants with an authentic version of the product
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`follows:
`
`
`Images of cangzhoushuofengdianzikejiZZX counterfeit
`product containing Ferragamo word mark
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` Images of genuine Ferragamo product
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`E.
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`43.
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`Defendants’ Coordinated Sale of Counterfeit Ferragamo Products
`
`On information and belief, Defendants operated in concert with one another in
`
`their counterfeiting activities including, in some instances, sourcing their counterfeits from the
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 16 of 23
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`
`
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`same supplier and using common logistics companies to illegally import the counterfeits into
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`and within the United States.
`
`44.
`
`The Selling Accounts have various common characteristics that make it
`
`probable that the accounts are being operated by one or more of the Defendants acting in
`
`concert. These common characteristics include 1) the identical tactic of using images of the
`
`Ferragamo products without using the Ferragamo word mark in the description in the offer
`
`listing page to evade Amazon’s Automated Brand Protection algorithm; 2) the same pricing for
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`all products; 3) similarity of counterfeit product; 4) using identical packaging for the
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`Ferragamo counterfeit products; and 5) all counterfeit products shipped from the same shipper
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`at the same address and same telephone number.
`
`F.
`
`45.
`
`Amazon and Ferragamo Shut Down Defendants’ Accounts
`
`By selling counterfeit Ferragamo products, Defendants falsely represented to
`
`Amazon and its customers that the products Defendants sold were genuine products made by
`
`Ferragamo. Defendants also knowingly and willfully used Ferragamo’s IP in connection with
`
`the advertisement, marketing, distribution, offering for sale, and sale of counterfeit Ferragamo
`
`products.
`
`46.
`
`At all times, Defendants knew they were prohibited from violating third-party IP
`
`rights or any applicable laws while selling products in the Amazon store. Defendants have
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`deceived Amazon’s customers and Amazon, infringed and misused the IP rights of Ferragamo,
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`harmed the integrity of and customer trust in the Amazon store, and tarnished Amazon’s and
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`Ferragamo’s brands.
`
`47.
`
`Amazon, after receiving notice from Ferragamo, verified Defendants’ unlawful
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`sale of counterfeit Ferragamo products and promptly blocked Defendants’ Selling Accounts. In
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`doing so, Amazon exercised its rights under the BSA to protect customers and the reputations
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`of Amazon and Ferragamo.
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 16
`
`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 2:21-cv-00171 Document 1 Filed 02/11/21 Page 17 of 23
`
`
`
`
`V.
`
`CLAIMS
`
`FIRST CLAIM
`(by Ferragamo against all Defendants)
`Trademark Infringement – 15 U.S.C. § 1114
`
`48.
`
`Plaintiff Ferragamo incorporates by reference the allegations of the preceding
`
`paragraphs as though set forth herein.
`
`49.
`
`Defendants’ activities constitute infringement of the Ferragamo Trademarks as
`
`described in the paragraphs above.
`
`50.
`
`Ferragamo advertises, markets, offers, and sells its products using the
`
`Ferragamo Trademarks described above and uses those trademarks to distinguish its products
`
`from the products and related items of others in the same or related fields.
`
`51.
`
`Because of Ferragamo’s long, continuous, and exclusive use of the Ferragamo
`
`Trademarks identified in this Complaint, the trademarks have come to mean, and are
`
`understood by customers and the public to signify, products from Ferragamo.
`
`52.
`
`Defendants unlawfully advertised, marketed, offered, and sold products bearing
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`counterfeit versions of the Ferragamo Trademarks with the intent and likelihood of causing
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`customer confusion, mistake, and deception as to the products’ source, origin, and authenticity.
`
`Specifically, Def