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`Case 2:21-cv-00774 Document 1 Filed 06/10/21 Page 1 of 19
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`
`
`
`
`
`No.
`
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`
`
`
`Plaintiffs,
`
`v.
`
`AMAZON.COM, INC., a Delaware
`corporation; HANESBRANDS, INC., a
`Maryland corporation; and HBI BRANDED
`APPAREL ENTERPRISES, LLC, a Delaware
`limited liability company,
`
`
`
`
`
`FUJIAN HUAYUN CULTURE
`INVESTMENT CO., LTD., a Chinese entity
`doing business as WOAH; and DOES 1-10,
`
`
`
`
`
`Defendants.
`
`I.
`
`INTRODUCTION
`
`1.
`
`This case involves Defendants’ unlawful and expressly prohibited sale of silicone
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`covers for earbud cases that illegally bear registered trademarks of HanesBrands, Inc. and HBI
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`Branded Apparel Enterprises, LLC (collectively, “HanesBrands”) on Amazon.com. Amazon,
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`along with HanesBrands, jointly bring this lawsuit to permanently prevent and enjoin
`
`Defendants from causing future harm to Amazon’s and HanesBrands’ customers, reputations,
`
`and intellectual property (“IP”), and to hold Defendants accountable for their illegal actions.
`
`2.
`
`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-00774 Document 1 Filed 06/10/21 Page 2 of 19
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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 infringing goods from being sold in its store. In 2020 alone, Amazon invested over
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`$700 million and employed more than 10,000 people to protect its store from fraud and abuse.
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`Amazon stopped over six million suspected bad actor selling accounts before they published a
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`single listing for sale and blocked more than ten billion suspected bad listings before they were
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`published. As a result of these efforts and investment, 99.9% of all products viewed by
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`customers on Amazon did not have a valid counterfeit complaint.
`
`3.
`
`HanesBrands is a socially responsible leading manufacturer of everyday casual
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`wear in the Americas, Europe, Australia, and Asia-Pacific. HanesBrands is the owner of the
`
`iconic Champion brand. For nearly 100 years, the Champion brand has been synonymous with
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`high-quality uniforms and apparel for amateur and professional athletes, as well as popular
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`styles of sportswear and leisurewear for kids and adults. Champion apparel has been worn by
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`millions of everyday people, celebrities, and athletes, and the Champion brand has become one
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`of the most recognized sportswear brands in history.
`
`4.
`
`For example, in the late 1980s and early 1990s, the Champion brand exploded
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`into popular culture, as music artists, including EPMD, TLC, Public Enemy, and licensed
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`athletic apparel helped propel the Champion brand beyond athletic wear and into everyday life
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`for millions of people around the world. In 1992, the legendary USA “Dream Team” even wore
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`Champion-branded basketball uniforms at the Summer Olympics.
`
`5.
`
`Through these and many other examples, the Champion brand, aided by the
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`distinctive Champion trademarks, shown below, has become one of the most iconic brands in
`
`history:
`
`Champion Script Logo
`
`Champion C Logo
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`
`
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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-00774 Document 1 Filed 06/10/21 Page 3 of 19
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`6.
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`HanesBrands owns, manages, enforces, licenses, and maintains IP, including
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`various trademarks. Relevant to this Complaint, HanesBrands owns the following registered
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`trademarks used on its Champion products (“Champion Trademarks”).
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`Mark
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`Registration No. (International Classes)
`
`
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`1,323,337 (IC 025)
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`1,756,925 (IC 025)
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`1,828,930 (IC 025)
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`1,915,092 (IC 025)
`
`2,004,276 (IC 025)
`
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`3,000,691 (IC 035)
`
`4,800,690 (IC 025)
`
`5,241,808 (IC 09)
`
`5,241,809 (IC 021)
`
`5,251,493 (IC 024)
`
`5,608,562 (IC 018)
`
`5,851,825 (IC 018)
`
`
`
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`
`
`1,127,251 (IC 025, IC 026)
`
`1,463,681 (IC 025)
`
` 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-00774 Document 1 Filed 06/10/21 Page 4 of 19
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`1,566,064 (IC 025)
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`1,827,538 (IC 025)
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`2,923,145 (IC 025)
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`3,668,955 (IC 018)
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`4,550,216 (IC 025)
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`4,791,661 (IC 025)
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`5,228,463 (IC 024)
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`5,241,807 (IC 09)
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`True and correct copies of the registration certificates for the Champion Trademarks are
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`attached as Exhibit A. Defendants’ infringing use of the Champion Trademarks on their
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`inauthentic products are likely to cause confusion and a false association with HanesBrands’
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` COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 4
`
`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-00774 Document 1 Filed 06/10/21 Page 5 of 19
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`products, as further described in this Complaint.1
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`7.
`
`Through at least January 2021, Defendants advertised, marketed, offered, and
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`sold inauthentic products in the Amazon store, using the Champion Trademarks, without
`
`authorization, to deceive customers about the authenticity and origin of the products and the
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`products’ affiliation with HanesBrands, specifically its Champion brand.
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`8.
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`As a result of their illegal actions, Defendants have infringed and misused
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`HanesBrands’ IP, willfully deceived and harmed Amazon, HanesBrands, and their customers,
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`compromised the integrity of the Amazon store, and undermined the trust that customers place
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`in Amazon and HanesBrands. Defendants’ illegal actions have caused Amazon and
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`HanesBrands 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, HanesBrands, and their customers.
`
`II.
`
`PARTIES
`
`9.
`
`Amazon.com, Inc. is a Delaware corporation with its principal place of business
`
`in Seattle, Washington. Through its subsidiaries, Amazon.com, Inc. owns and operates the
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`Amazon.com website, counterpart international websites, and Amazon store (collectively,
`
`“Amazon”).
`
`10.
`
`HanesBrands, Inc. is a Maryland corporation with its principal place of business
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`in Winston-Salem, North Carolina.
`
`11.
`
`HBI Branded Apparel Enterprises, LLC is a Delaware limited liability company
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`with its principal place of business in Winston-Salem, North Carolina.
`
`12.
`
`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 illegal scheme alleged in this
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`
`1 Although at the time of Defendants’ infringing sales the Champion Trademarks did not cover silicone covers for
`earbud cases, HanesBrands has five trademark applications pending before the United States Patent and Trademark
`Office covering goods related to the infringing goods at issue in this Complaint. U.S. Trademark Application Serial
`No. 88851149 (filed March 27, 2020); U.S. Trademark Application Serial No. 88592850 (filed Aug. 26, 2019);
`U.S. Trademark Application Serial No. 88592930 (filed Aug. 26, 2019); U.S. Trademark Application Serial No.
`88208682 (filed Nov. 28, 2018); U.S. Trademark Application Serial No. 88208503 (filed Nov. 28, 2018).
`
` 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-00774 Document 1 Filed 06/10/21 Page 6 of 19
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`Complaint. Defendants are subject to liability for their wrongful conduct both directly and
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`under principles of secondary liability including, without limitation, respondeat superior,
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`vicarious liability, and/or contributory infringement.
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`13.
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` On information and belief, Defendant Fujian Huayun Culture Investment Co.,
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`Ltd. is a Chinese entity doing business as Woah. On further information and belief, Defendant
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`Fujian Huayun Culture Investment Co., Ltd. purports to have a business address in Fujian,
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`China. On further information and belief, Defendant Fujian Huayun Culture Investment Co.,
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`Ltd. personally participated in and/or had the right and ability to supervise, direct, and control
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`the wrongful conduct alleged in this Complaint, and derived a direct financial benefit as a result
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`of that wrongful conduct.
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`14.
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`On information and belief, Defendants Does 1-10 are individuals and entities
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`working in active concert with each other and Defendant Fujian Huayun Culture Investment
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`Co., Ltd. to knowingly and willfully manufacture, import, advertise, market, offer, and sell
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`inauthentic products bearing unauthorized depictions of the Champion Trademarks. The
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`identities of Does 1-10 are presently unknown to Plaintiffs.
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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 HanesBrands’
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`Lanham Act claims for 1) trademark infringement; and 2) false designation and false advertising
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`pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a). The Court has subject matter
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`jurisdiction over Amazon’s and HanesBrands’ claim for violation of the Washington Consumer
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`Protection Act pursuant to 28 U.S.C. §§ 1332 and 1367.
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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 HanesBrands’ 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 inauthentic products bearing unauthorized
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`depictions of the Champion Trademarks and which otherwise infringed HanesBrands’ IP.
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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-00774 Document 1 Filed 06/10/21 Page 7 of 19
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`Defendants shipped inauthentic products bearing unauthorized depictions of the Champion
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`Trademarks to consumers in Washington. Each of the Defendants committed, or facilitated the
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`commission of, tortious acts in Washington and has wrongfully caused Amazon and
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`HanesBrands substantial injury in Washington.
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`17.
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`Further, the named Defendants have consented to the jurisdiction of this Court by
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`agreeing to the Amazon Services Business Solutions Agreement (“BSA”), which provides that
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`the “Governing Courts” for claims to enjoin infringement or misuse of IP rights are state or
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`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 16 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, (b)
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`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 Inauthentic 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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`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 inauthentic products. These bad actors seek to misuse and infringe the trademarks and
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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 2:21-cv-00774 Document 1 Filed 06/10/21 Page 8 of 19
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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 inauthentic 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 inauthentic
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`products from being offered in the Amazon store. Amazon’s systems automatically and
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`continuously scan thousands of data points to detect and remove inauthentic products from its
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`store and to terminate the Selling Accounts of bad actors before they can offer inauthentic
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`products. When Amazon identifies issues based on this feedback, it takes action to address
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`them. Amazon uses this intelligence also to improve its proactive 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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`potentially infringing products using state‐of-the‐art image search technology. More than
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`500,000 brands, including HanesBrands, 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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` COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 8
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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-00774 Document 1 Filed 06/10/21 Page 9 of 19
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`product, regardless of where the product was purchased. In 2020, over 15,000 brands were
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`using Transparency enabling the protection of more than 500 million product units.
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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-service
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`counterfeit removal tool that enables brands to remove counterfeit listings directly from the
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`Amazon store. This enables brands to take down counterfeit product offerings on their own
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`within minutes. In 2020, there were more than 18,000 brands enrolled in Project Zero. For
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`every listing removed by a brand, Amazon’s automated protections removed more than 600
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`listings through scaled technology and machine learning, stopping those listings from appearing
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`in the Amazon store.
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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 prevent the
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`sale of inauthentic goods.
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`B.
`
`28.
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`HanesBrands and Its Efforts to Prevent the Sale of Inauthentic Goods
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` HanesBrands goes to great lengths to protect consumers from counterfeits and
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`other inauthentic products bearing its trademarks, and is committed to leading efforts to combat
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`the sale of infringing products. HanesBrands utilizes both internal and external resources to
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`combat counterfeits, piracy, and distribution abuse online. This includes trained internal staff
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`who consistently monitor online retailer sites around the world for IP infringements and
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`counterfeit sellers. HanesBrands also works with a third-party brand protection service vendor
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`on the detection and removal of product listings violating HanesBrands’ IP rights.
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`29.
`
`C.
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`HanesBrands is currently enrolled in Amazon Brand Registry and Project Zero.
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`Defendants Created an Amazon Selling Account and Agreed Not to Sell
`Inauthentic Goods
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`30.
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`Defendants controlled and operated the Amazon Selling Account detailed in
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`section D below through which they sought to advertise, market, sell, and distribute inauthentic
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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-00774 Document 1 Filed 06/10/21 Page 10 of 19
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`products bearing unauthorized depictions of the Champion Trademarks. In connection with this
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`Selling Account, Defendants provided names, email addresses, and banking information for the
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`account. On information and belief, Defendants took active steps to mislead Amazon and
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`conceal their true location and identities by providing false information.
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`31.
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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 store. By entering into the BSA, each seller represents
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`and warrants that it “will comply with all applicable laws in [the] performance of [its]
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`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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`32.
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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 Anti-
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`Counterfeiting Policy expressly prohibits the sale of inauthentic goods bearing unauthorized
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`trademarks in the Amazon store:
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` You may not sell any products that are not legal for sale, such
`as products that have been illegally replicated, reproduced, or
`manufactured[.]
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` You must provide records about the authenticity of your
`products if Amazon requests that documentation[.]
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`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.
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`Id.
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`33.
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`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment
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`to preventing the sale and distribution of inauthentic goods in the Amazon store together with
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`the consequences of doing so:
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` 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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` COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 10
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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-00774 Document 1 Filed 06/10/21 Page 11 of 19
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`o Bootlegs, fakes, or pirated copies of products or content
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`o Products that have been illegally replicated, reproduced,
`or manufactured
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`o Products that infringe another party’s intellectual property
`rights
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` 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.
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` 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:
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`o Remove suspect listings.
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`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.
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` 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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` 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-00774 Document 1 Filed 06/10/21 Page 12 of 19
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`34. When they registered as a third-party seller in the Amazon store, and established
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`their Selling Account, Defendants agreed not to advertise, market, offer, sell, or distribute
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`inauthentic products that infringe another party’s IP rights.
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`D.
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`Identification of Inauthentic Products Sold Through Defendants’ Selling
`Account
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`35.
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`Defendants advertised, marketed, offered, and sold inauthentic HanesBrands-
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`branded products in the Amazon store.
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`36.
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`At all times described herein, Selling Account Woah was controlled and operated
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`by Defendant Fujian Huayun Culture Investment Co., Ltd. and, on information and belief, other
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`parties, known and unknown.
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`37.
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`From February 2020 through at least January 2021, Defendants were advertising,
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`marketing, offering, and selling inauthentic products in the Amazon store bearing unauthorized
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`Champion Trademarks through the Defendants’ Selling Account. HanesBrands knew the
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`products were inauthentic and illegally infringing upon HanesBrands’ IP rights because
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`HanesBrands did not make or license silicone covers for earbud cases (with or without
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`keychains) that bear the Champion Trademarks. Photos of the inauthentic products as
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`advertised, marketed, distributed, offered for sale, and sold on the Defendants’ Selling Account
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`follow:
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`Photos of products offered for sale by Defendant Fujian Huayun Culture Investment Co., Ltd. in the Amazon store.
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`
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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-00774 Document 1 Filed 06/10/21 Page 13 of 19
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`38.
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` As of May 21, 2021, and well after Defendants’ inauthentic goods were
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`discovered and blocked from sale in the Amazon store, HanesBrands launched a limited edition
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`line of electronic accessories, including covers for earbud cases, bearing HanesBrands’
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`Champion Trademarks.
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`E.
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`39.
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`Amazon and HanesBrands Shut Down Defendants’ Account
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`By selling inauthentic products, Defendants falsely represented to Amazon and
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`its customers that the products Defendants sold were genuine products made by HanesBrands.
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`Defendants also knowingly and willfully used HanesBrands’ IP in connection with the
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`advertisement, marketing, distribution, offering for sale, and sale of inauthentic HanesBrands
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`products.
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`40.
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`At all times, Defendants knew they were prohibited from violating third-party IP
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`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
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`HanesBrands, harmed the integrity of and customer trust in the Amazon store, and tarnished
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`Amazon’s and HanesBrands’ brands.
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`41.
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`Amazon, after receiving notice of Defendants’ illegal scheme, verified
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`Defendants’ unlawful sale of inauthentic HanesBrands products and blocked Defendants’
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`Selling Account. In doing so, Amazon exercised its rights under the BSA to protect customers
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`and the reputations of Amazon and HanesBrands.
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`V.
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`CLAIMS
`
`FIRST CLAIM
`(by HanesBrands against all Defendants)
`Trademark Infringement – 15 U.S.C. § 1114
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`42.
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`Plaintiff HanesBrands incorporates by reference the allegations of the preceding
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`paragraphs as though set forth herein.
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`43.
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`Defendants’ activities constitute infringement of the Champion Trademarks as
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`described in the paragraphs above.
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` 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-00774 Document 1 Filed 06/10/21 Page 14 of 19
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`44.
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`HanesBrands advertises, markets, offers, and sells its products using the
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`Champion Trademarks described above and uses those trademarks to distinguish its products
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`from the products and related items of others in the same or related fields.
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`45.
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`Because of HanesBrands’ long, continuous, and exclusive use of the Champion
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`Trademarks identified in this Complaint, the trademarks have come to mean, and are understood
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`by customers and the public to signify products from HanesBrands, specifically its Champion
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`brand.
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`46.
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`Defendants unlawfully advertised, marketed, offered, and sold inauthentic
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`products bearing unauthorized depictions of the Champion Trademarks with the intent and
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`likelihood of causing customer confusion, mistake, and deception as to the products’ source,
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`origin, and authenticity. Specifically, Defendants intended customers to believe, incorrectly,
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`that the products originated from, were affiliated with, and/or were authorized by HanesBrands
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`and likely caused such erroneous customer beliefs.
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`47.
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`As a result of Defendants’ wrongful conduct, HanesBrands is entitled to recover
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`its actual damages, Defendants’ profits attributable to the infringement, and attorney fees
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`pursuant to 15 U.S.C. § 1117(a).
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`48.
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`HanesBrands is further entitled to injunctive relief, including an order
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`impounding all infringing products and promotional materials in Defendants’ possession.
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`HanesBrands has no adequate remedy at law for Defendants’ wrongful conduct because, among
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`other things: (a) the Champion Trademarks are unique and valuable property that has no readily
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`determinable market value; (b) Defendants’ infringement constitutes harm to HanesBrands and
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`HanesBrands’ reputation and goodwill such that HanesBrands could not be made whole by any
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`monetary award; (c) if Defendants’ wrongful conduct is allowed to continue, the public is likely
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`to become further confused, mistaken, or deceived as to the source, origin, or authenticity of the
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`infringing materials; and (d) Defendants’ wrongful conduct, and the resulting harm to
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`HanesBrands, is likely to be continuing.
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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-00774 Document 1 Filed 06/10/21 Page 15 of 19
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`SECOND CLAIM
` (by HanesBrands against all Defendants)
`False Designation of Origin and False Advertising – 15 U.S.C. § 1125(a)
`
`49.
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`Plaintiff HanesBrands incorporates by reference the allegations of the preceding
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`paragraphs as though set forth herein.
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`50.
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`HanesBrands owns the Champion Trademarks and advertises, markets, offers,
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`and sells its products using the trademarks described above and uses the trademarks to
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`distinguish its products from the products and related items of others in the same or related
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`fields.
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`51.
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`Because of HanesBrands’ long, continuous, and exclusive use of the Champion
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`Trademarks, it has come to mean, and is understood by customers, end users, and the public, to
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`signify products from HanesBrands, specifically its Champion brand.
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`52.
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`Defendants’ wrongful conduct includes the infringement of the Champion
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`Trademarks in connection with Defendants’ commercial advertising or promotion, and offering
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`for sale, and sale of inauthentic products bearing unauthorized depictions of the Champion
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`Trademarks in interstate commerce.
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`53.
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`In advertising, marketing, offering, and selling inauthentic products bearing
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`unauthorized depictions of the Champion Trademarks, Defendants have used, and on
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`information and belief continue to use, the Champion Trademarks referenced above to compete
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`unfairly with HanesBrands and to deceive customers. Upon information and belief, Defendants’
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`wrongful conduct misleads and confuses customers and the public as to the origin and
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`authenticity of the goods and services ad