Case 2:21-cv-01456 Document 1 Filed 10/26/21 Page 1 of 34
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`No.
`COMPLAINT FOR DAMAGES
`AND EQUITABLE RELIEF
`
`AMAZON.COM, INC., a Delaware
`corporation; and STREAMLIGHT, INC., a
`Delaware corporation,
`
`Plaintiffs,
`
`v.
`Individuals and entities doing business as the
`following Amazon Selling Accounts:
`MASSEAGS; CFD HELPING HANDS;
`JARRETT’S FENCE, LLC; JERILYN SMITH,
`LLC; MEALIGHT; MTT TECH; DOREEN
`CAMPBELL-ISAACS LLC; SOONS; DIFAG;
`FANRIN; SKABUL; TENUAL; GEMLIGHTS;
`and DOES 1-10,
`
`Defendants.
`
`INTRODUCTION
`I.
`This case involves Defendants’ unlawful and expressly prohibited sale of
`1.
`tactical, high-performance flashlights that illegally bear registered trademarks of Streamlight,
`Inc. (“Streamlight”) on Amazon.com. Amazon and Streamlight jointly bring this lawsuit to
`permanently prevent and enjoin Defendants from causing future harm to Amazon’s and
`Streamlight’s customers, reputations, and intellectual property (“IP”), and to hold Defendants
`accountable for their illegal actions.
`
`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-01456 Document 1 Filed 10/26/21 Page 2 of 34
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`The Amazon store offers products and services to customers in more than 100
`2.
`countries around the globe. Some of the products are sold directly by Amazon while others are
`sold by Amazon’s numerous third-party selling partners. The Amazon brand is one of the most
`well-recognized, valuable, and trusted brands in the world. In order to protect customers and
`safeguard its reputation for trustworthiness, Amazon invests heavily in both time and resources
`to prevent counterfeit goods from being sold in its store. In 2020 alone, Amazon invested over
`$700 million and employed more than 10,000 people to protect its store from fraud and abuse.
`Amazon stopped over six million suspected bad actor selling accounts before they published a
`single listing for sale and blocked more than ten billion suspected bad listings before they were
`published.
`Since 1973, Streamlight has been an industry leader in designing and producing
`3.
`high-performance flashlights and portable lighting tools in the United States. With several of
`its personnel being ex-law enforcement, ex-military, and outdoor and sports enthusiasts,
`Streamlight has developed a reputation for incorporating real-world and hands-on experience
`into the design and quality of its products.
`4.
`For over a decade, Streamlight has manufactured reliable professional-grade,
`rail-mounted tactical lights that have been used by the military, law enforcement officers and
`other governmental agencies in discharging their duties. Streamlight’s lighting tools have
`played a crucial part in safeguarding users who work in low-light and unpredictable
`environments.
`Streamlight owns, manages, enforces, and maintains IP, including various
`5.
`trademarks. Relevant to this Complaint, Streamlight owns the following registered trademarks
`(“Streamlight Trademarks”).
`
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:21-cv-01456 Document 1 Filed 10/26/21 Page 3 of 34
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`Mark
`
`Registration No.
`(International Classes)
`
`3,004,837 (IC 011)
`
`2,926,292 (IC 011)
`
`3,051,411 (IC 011)
`
`3,004,836 (IC 011)
`
`4,478,959 (IC 011)
`
`4,382,579 (IC 011)
`
`STREAMLIGHT
`
`1,479,512 (IC-011)
`
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`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1640
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`Case 2:21-cv-01456 Document 1 Filed 10/26/21 Page 4 of 34
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`6,180,356 (IC 011)
`
`3,341,585 (IC 011)
`
`3,133,462 (IC 011)
`
`True and correct copies of the registration certificates for the Streamlight Trademarks are
`attached as Exhibit A.
`6.
`From November 2020 through at least September 2021, Defendants advertised,
`marketed, offered, and sold inauthentic versions of the same product, the TLR-1 high lumen,
`white LED, rail-mounted tactical light (the “TLR-1 HL light”), in the Amazon store using their
`Amazon selling accounts (“Selling Accounts”). Defendants used the Streamlight Trademarks,
`without authorization, to deceive customers about the authenticity and origin of the products
`and the products’ affiliation with Streamlight. Defendants have also used QR codes designed
`to misdirect customers to fake authentication websites and misled customers into believing that
`they purchased authentic Streamlight products when they had not.
`7.
`As a result of their illegal actions, Defendants have infringed and misused
`Streamlight’s IP; willfully deceived and harmed Amazon, Streamlight, and their customers;
`compromised the integrity of the Amazon store; and undermined the trust that customers place
`
`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-01456 Document 1 Filed 10/26/21 Page 5 of 34
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`in Amazon and Streamlight. Defendants’ illegal actions have caused Amazon and Streamlight
`to expend significant resources to investigate and combat Defendants’ wrongdoing and to bring
`this lawsuit to prevent Defendants from inflicting future harm to Amazon, Streamlight, and
`their customers.
`
`PARTIES
`II.
`Amazon.com, Inc. is a Delaware corporation with its principal place of business
`8.
`in Seattle, Washington. Through its subsidiaries, Amazon.com, Inc., owns and operates the
`Amazon.com website, counterpart international websites, and Amazon store (collectively,
`“Amazon”).
`Streamlight is a Delaware corporation with its principal place of business in
`9.
`Eagleville, Pennsylvania. Streamlight develops and manufactures high-performance portable
`lighting products that are sold throughout the world.
`10.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “MAsseags” (referred to herein as the “MAsseags Defendant” or “MAsseags
`Selling Account”) that provided a business address in Shenzhen, Guangdong Province, China.
`On further information and belief, the MAsseags Defendant personally participated in and/or
`had the right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit as a result of that wrongful conduct.
`11.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “CFD Helping Hands” (referred to herein as the “CFD Defendant” or “CFD
`Selling Account”). On further information and belief, the individual or entity behind the CFD
`Selling Account falsely represented its location as Rowland Heights, California, and has
`deliberately registered additional false information with Amazon as part of a scheme to mislead
`Plaintiffs. The true identity of the CFD Defendant is presently unknown. On further
`information and belief, the CFD Defendant personally participated in and/or had the right and
`ability to supervise, direct, and control the wrongful conduct alleged in this Complaint, and
`derived a direct financial benefit as a result of that wrongful conduct.
`
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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-01456 Document 1 Filed 10/26/21 Page 6 of 34
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`On information and belief, at least one Defendant is an individual or an entity
`12.
`doing business as “Jarrett’s Fence LLC” (referred to herein as the “Jarrett’s Fence Defendant”
`or “Jarrett’s Fence Selling Account”). On further information and belief, the individual or
`entity behind the Jarrett’s Fence Selling Account falsely represented its location as Roselle
`Park, New Jersey, and has deliberately registered additional false information with Amazon as
`part of a scheme to mislead Plaintiffs. The true identity of the Jarrett’s Fence Defendant is
`presently unknown. On further information and belief, the Jarrett’s Fence Defendant
`personally participated in and/or had the right and ability to supervise, direct, and control the
`wrongful conduct alleged in this Complaint, and derived a direct financial benefit as a result of
`that wrongful conduct.
`13.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Jerilyn Smith, LLC” (referred to herein as the “Jerilyn Smith Defendant” or
`“Jerilyn Smith Selling Account”). On further information and belief, the individual or entity
`behind the Jerilyn Smith Selling Account falsely represented its location as Elizabeth, New
`Jersey, and has deliberately registered additional false information with Amazon as part of a
`scheme to mislead Plaintiffs. The true identity of the Jerilyn Smith Defendant is presently
`unknown. On further information and belief, the Jerilyn Smith Defendant personally
`participated in and/or had the right and ability to supervise, direct, and control the wrongful
`conduct alleged in this Complaint, and derived a direct financial benefit as a result of that
`wrongful conduct.
`14.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Mealight” (referred to herein as the “Mealight” or “Mealight Selling
`Account”). On further information and belief, the individual or entity behind the Mealight
`Selling Account falsely represented its location as Tampa, Florida, and has deliberately
`registered additional false information with Amazon as part of a scheme to mislead Plaintiffs.
`The true identity of the Mealight Defendant is presently unknown. On further information and
`belief, the Mealight Defendant personally participated in and/or had the right and ability to
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 6
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`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-01456 Document 1 Filed 10/26/21 Page 7 of 34
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`supervise, direct, and control the wrongful conduct alleged in this Complaint, and derived a
`direct financial benefit as a result of that wrongful conduct.
`15.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “MTT Tech” (referred to herein as the “MTT Tech Defendant” or “MTT
`Tech Selling Account”). On further information and belief, the individual or entity behind the
`MTT Tech Selling Account falsely represented its location as Riverside, California, and has
`deliberately registered additional false information with Amazon as part of a scheme to mislead
`Plaintiffs. The true identity of the MTT Tech Defendant is presently unknown. On further
`information and belief, the MTT Tech Defendant personally participated in and/or had the right
`and ability to supervise, direct, and control the wrongful conduct alleged in this Complaint, and
`derived a direct financial benefit as a result of that wrongful conduct.
`16.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Doreen Campbell-Isaacs LLC” (referred to herein as the “Campbell-Isaacs
`Defendant” or “Campbell-Isaacs Selling Account”). On further information and belief, the
`individual or entity behind the Campbell-Isaacs Selling Account falsely represented its location
`as Porterville, California, and has deliberately registered additional false information with
`Amazon as part of a scheme to mislead Plaintiffs. The true identity of the Campbell-Isaacs
`Defendant is presently unknown. On further information and belief, the Campbell-Isaacs
`Defendant personally participated in and/or had the right and ability to supervise, direct, and
`control the wrongful conduct alleged in this Complaint, and derived a direct financial benefit as
`a result of that wrongful conduct.
`17.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “SoonS” (referred to herein as the “SoonS Defendant” or “SoonS Selling
`Account”) that provided a business address in Guangzhou, Guangdong Province, China. On
`further information and belief, the SoonS Defendant personally participated in and/or had the
`right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit as a result of that wrongful conduct.
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`920 Fifth Avenue, Suite 3300
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`On information and belief, at least one Defendant is an individual or an entity
`18.
`doing business as “Difag” (referred to herein as the “Difag Defendant” or “Difag Selling
`Account”) that provided a business address in Guangzhou, Guangdong Province, China. On
`further information and belief, the Difag Defendant personally participated in and/or had the
`right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit as a result of that wrongful conduct.
`19.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “FanRin” (referred to herein as the “FanRin Defendant” or “FanRin Selling
`Account”) that provided a business address in Guangzhou, Guangdong Province, China. On
`further information and belief, the FanRin Defendant personally participated in and/or had the
`right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit as a result of that wrongful conduct.
`20.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Skabul” (referred to herein as the “Skabul” or “Skabul Selling Account”)
`that provided a business address in Xuzhou, Jiangsu Province, China. On further information
`and belief, the Skabul Defendant personally participated in and/or had the right and ability to
`supervise, direct, and control the wrongful conduct alleged in this Complaint, and derived a
`direct financial benefit as a result of that wrongful conduct.
`21.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Tenual” (referred to herein as the “Tenual Defendant” or “Tenual Selling
`Account”) that provided a business address in Xuzhou, Jiangsu Province, China. On further
`information and belief, the Tenual Defendant personally participated in and/or had the right and
`ability to supervise, direct, and control the wrongful conduct alleged in this Complaint, and
`derived a direct financial benefit as a result of that wrongful conduct.
`22.
`On information and belief, at least one Defendant is an individual or an entity
`doing business as “Gemlights” (referred to herein as the “Gemlights Defendant” or “Gemlights
`Selling Account”) that provided a business address in Guangzhou, Guangdong Province, China.
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`On further information and belief, the Gemlights Defendant personally participated in and/or
`had the right and ability to supervise, direct, and control the wrongful conduct alleged in this
`Complaint, and derived a direct financial benefit as a result of that wrongful conduct.
`23.
` On information and belief, Defendants Does 1-10 (the “Doe Defendants”) are
`individuals and entities working in active concert with each other and the named Defendants to
`knowingly and willfully manufacture, import, advertise, market, offer, and sell counterfeit
`Streamlight products. The identities of the Doe Defendants are presently unknown to
`Plaintiffs. The Doe Defendants are subject to liability for their wrongful conduct both directly
`and under principles of secondary liability including, without limitation, respondeat superior,
`vicarious liability, and/or contributory infringement.
`III.
`JURISDICTION AND VENUE
`The Court has subject matter jurisdiction over Amazon’s and Streamlight’s
`24.
`Lanham Act claims for 1) trademark infringement; and 2) false designation and false
`advertising pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a). The Court has
`subject matter jurisdiction over Amazon’s and Streamlight’s claim for violation of the
`Washington Consumer Protection Act pursuant to 28 U.S.C. §§ 1332 and 1367.
`25.
`The Court has personal jurisdiction over all Defendants because they transacted
`business and committed tortious acts directed to the State of Washington, and Amazon’s and
`Streamlight’s claims arise from those activities. Defendants affirmatively undertook to do
`business with Amazon, a corporation with its principal place of business in Washington, and
`sold through the Amazon store inauthentic versions of the TLR-1 HL light bearing counterfeit
`Streamlight Trademarks and which otherwise infringed Streamlight’s IP. Several of the
`Defendants shipped their counterfeit products to customers in Washington. Each of the
`Defendants committed or facilitated the commission of tortious acts in Washington and has
`wrongfully caused Amazon and Streamlight substantial injury in Washington.
`26.
`Further, the named Defendants have consented to the jurisdiction of this Court
`by agreeing to the Amazon Services Business Solutions Agreement (“BSA”), which provides
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`Case 2:21-cv-01456 Document 1 Filed 10/26/21 Page 10 of 34
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`that the “Governing Courts” for claims to enjoin infringement or misuse of intellectual property
`rights are state or federal courts located in King County, Washington.
`27.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
`substantial part of the events giving rise to the claims occurred in the Western District of
`Washington.
`Venue is also proper in this Court with respect to Defendants by virtue of the
`28.
`allegations stated in paragraph 25 above, which are incorporated herein.
`29.
`Pursuant to Local Civil Rule 3(d), intra-district assignment to the Seattle
`Division is proper because the claims arose in this Division, where (a) Amazon resides,
`(b) injuries giving rise to suit occurred, and (c) Defendants directed their unlawful conduct.
`IV.
`FACTS
`Amazon’s Efforts to Prevent the Sale of Counterfeit Goods
`A.
`Amazon works hard to build and protect the reputation of its store as a place
`30.
`where customers can conveniently select from a wide array of authentic goods and services at
`competitive prices. Amazon invests a vast amount of resources to ensure that when customers
`make purchases through the Amazon store—either directly from Amazon or from one of its
`millions of third-party sellers—customers receive authentic products made by the true
`manufacturer of those products.
`31.
`A small number of bad actors seek to take advantage of the trust customers place
`in Amazon by attempting to create selling accounts to advertise, market, offer, and sell
`counterfeit products. These bad actors seek to misuse and infringe the trademarks and other IP
`of the true manufacturers of those products to deceive Amazon and its customers. This
`unlawful and expressly prohibited conduct undermines the trust that customers, sellers, and
`manufacturers place in Amazon and tarnishes Amazon’s brand and reputation, thereby causing
`irreparable harm to Amazon.
`32.
`Amazon prohibits the sale of inauthentic and fraudulent products and is
`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
`offered to customers through the Amazon store. Amazon employs dedicated teams of software
`engineers, research scientists, program managers, and investigators to prevent counterfeits from
`being offered in the Amazon store. Amazon’s systems automatically and continuously scan
`thousands of data points to detect and remove counterfeits from its store and to terminate the
`Selling Accounts of bad actors before they can offer counterfeit products. When Amazon
`identifies issues based on this feedback, it takes action to address them. Amazon uses this
`intelligence also to improve its proactive prevention controls.
`33.
`In 2017, Amazon launched the Amazon Brand Registry, a free service to any
`rights owner with a government-registered trademark, regardless of the brand’s relationship
`with Amazon. Brand Registry delivers automated brand protections that use machine learning
`to predict infringement and proactively protect brands’ IP. Brand Registry also provides a
`powerful Report a Violation Tool that allows brands to search for and accurately report
`potentially infringing products using state‐of-the‐art image search technology. More than
`500,000 brands are enrolled in Brand Registry, and those brands are finding and reporting 99%
`fewer suspected infringements since the launch of Brand Registry.
`34.
`In 2018, Amazon launched Transparency, a product serialization service that
`effectively eliminates counterfeits for enrolled products. Brands enrolled in Transparency can
`apply a unique 2D code to every unit they manufacture, which allows Amazon, other retailers,
`law enforcement, and customers to determine the authenticity of any Transparency-enabled
`product, regardless of where the product was purchased. In 2020, over 15,000 brands were
`using Transparency enabling the protection of more than 500 million product units.
`35.
`In 2019, Amazon launched Amazon Project Zero, a program to empower brands
`to help Amazon drive counterfeits to zero. Project Zero introduced a novel self-service
`counterfeit removal tool that enables brands to remove counterfeit listings directly from the
`Amazon store. In 2020, there were more than 18,000 brands enrolled in Project Zero. For
`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
`in the Amazon store.
`36.
`Amazon also uses industry-leading technology to analyze hundreds of unique
`data points and robust processes to verify information provided by potential sellers. Amazon
`constantly innovates on these tools and systems. For example, Amazon now connects one-on-
`one with prospective sellers through video chat or in person at an Amazon office to verify
`sellers’ identities and government-issued documentation. Amazon also verifies new and
`existing sellers’ addresses by sending information, including a unique code, to the sellers’
`addresses. These measures have made it more difficult for bad actors to hide. In 2020, only
`6% of attempted new seller account registrations passed Amazon’s robust seller verification
`processes and listed products for sale. Amazon prevented over six million attempts to create
`new selling accounts, stopping bad actors before they published a single product for sale, and
`blocked more than 10 billion suspected bad listings before they were published for sale in the
`Amazon store.
`37.
`Once a seller begins selling in the Amazon store, Amazon continues to monitor
`the selling account’s activities for risks. If Amazon identifies a bad actor, it immediately closes
`that actor’s selling account, withholds funds disbursement, and investigates whether other
`accounts are involved in unlawful activities.
`38.
`In addition to these measures, Amazon actively cooperates with rights owners
`and law enforcement to identify and prosecute bad actors suspected of engaging in illegal
`activity. Lawsuits, like this one, are integral components of Amazon’s efforts to combat
`counterfeits.
`Streamlight and Its Anti-Counterfeiting Efforts
`B.
`Streamlight goes to great lengths to protect customers from counterfeits of its
`39.
`products and is committed to leading efforts to combat counterfeit products. Streamlight
`utilizes both internal and external resources to combat counterfeits, piracy and distribution
`abuse online. This includes trained internal staff who consistently monitor online retailer sites
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`around the world for IP infringements and counterfeit sellers. Streamlight also works with a
`third-party brand protection service vendor on the detection and removal of product listings
`violating Streamlight’s IP rights.
`40.
`Streamlight is currently enrolled in Amazon Brand Registry and Project Zero
`and, as discussed above, actively used these tools to combat the counterfeiting activity
`described in this Complaint.
`
`C.
`
`Defendants Created Selling Accounts and Agreed Not to Sell Counterfeit
`Goods
`Defendants controlled and operated the thirteen Selling Accounts detailed in
`41.
`Section D below through which they sought to advertise, market, sell, and distribute inauthentic
`versions of the TLR-1 HL light bearing unauthorized depictions of the Streamlight Trademarks.
`In connection with these Selling Accounts, Defendants provided names, email addresses, and
`banking information for each account. In several instances, Amazon has verified that
`Defendants submitted fraudulent information to register their Selling Accounts in a concerted
`and coordinated campaign to hide their true identities and evade Amazon’s proactive controls,
`as described above.
`42.
`To become a third-party seller in the Amazon store, sellers are required to agree
`to the BSA, which governs the applicant’s access to and use of Amazon’s services and states
`Amazon’s rules for selling through the website. By entering into the BSA, each seller
`represents and warrants that it “will comply with all applicable laws in [the] performance of
`[its] obligations and exercise of [its] rights” under the BSA. True and correct copies of the
`versions of the BSA in effect when Defendants last sold products through their Selling
`Accounts are attached as Exhibit B.
`43.
`The BSA incorporates and sellers therefore agree to be bound by Amazon’s
`Anti-Counterfeiting Policy, the applicable version of which is attached as Exhibit C. The
`Anti-Counterfeiting Policy expressly prohibits the sale of counterfeit goods in the Amazon
`store:
`
`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 13
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`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-01456 Document 1 Filed 10/26/21 Page 14 of 34
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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.
`
`Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment
`44.
`to preventing the sale and distribution of counterfeit goods in the Amazon store together with
`the consequences of doing so:
`
` Sell Only Authentic and Legal Products. It is your responsibility to
`source, sell, and fulfill only authentic products that are legal for sale.
`Examples of prohibited products include:
`o Bootlegs, fakes, or pirated copies of products or content
`o Products that have been illegally replicated, reproduced, or
`manufactured
`o Products that infringe another party’s intellectual property
`rights
` Maintain and Provide Inventory Records. Amazon may request that you
`provide documentation (such as invoices) showing the authenticity of
`your products or your authorization to list them for sale. You may
`remove pricing information from these documents, but providing
`documents that have been edited in any other way or that are misleading
`is a violation of this policy and will lead to enforcement against your
`account.
` Consequences of Selling Inauthentic Products. If you sell inauthentic
`products, we may immediately suspend or terminate your Amazon selling
`account (and any related accounts), destroy any inauthentic products in
`our fulfillment centers at your expense, and/or withhold payments to you.
` Amazon Takes Action to Protect Customers and Rights Owners. Amazon
`also works with manufacturers, rights holders, content owners, vendors,
`and sellers to improve the ways we detect and prevent inauthentic
`products from reaching our customers. As a result of our detection and
`enforcement activities, Amazon may:
`o Remove suspect listings.
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`COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF - 14
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`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-01456 Document 1 Filed 10/26/21 Page 15 of 34
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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.
` 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.
`
`Id.
`
`45. When they registered as third-party sellers in the Amazon store and established
`their Selling Accounts, Defendants agreed not to advertise, market, offer, sell or distribute
`counterfeit products.
`D.
`Identification of Counterfeits Sold Through Defendants’ Selling Accounts
`46.
`From November 2020 through at least September 2021, Defendants advertised,
`marketed, offered, and sold inauthentic versions of the TLR-1 HL light that illegally bear
`Streamlight Trademarks in the Amazon store.
`47.
`In multiple instances, Amazon quarantined the versions of the TLR-1 HL light
`that Defendants had previously shipped to Amazon for sale and sent samples to Streamlight
`representatives for review. As set forth below, Strea