Amazon and Longchamp have joined forces to take action against a number of individuals, who they claim are selling counterfeits of Longchamp products on Amazon’s platform. According to the complaint that they lodged with the U.S. District Court for the Western District of Washington on October 30, the e-commerce behemoth and the French luxury brand allege that the defendants used fraudulent Amazon seller accounts and fake identity documents to distribute fake Longchamp handbags and accessories, which the plaintiffs claim “compromised the integrity of the Amazon Store” and harmed their brands.
The newly-filed complaint outlines allegations that Michael Christopher Pitta, Preethy Christopher, and ten unidentified individuals (the “defendants”) “created Selling Accounts and advertised, marketed, offered, distributed, and sold counterfeit Longchamp-branded products in the Amazon Store.” Amazon and Longchamp assert that the defendants were offering up products that they presented as authentic Longchamp products, including its iconic “Le Pliage” handbags, but test purchases confirmed were, in fact, counterfeits, as indicated by “deviations from Longchamp’s authentic product and packaging.”
Amazon and Longchamp allege that the defendants registered as third-party sellers on Amazon’s platform using falsified documents to hide their identities and locations. Amazon, which claims it maintains “robust verification processes” to screen new sellers, ultimately blocked the defendants’ accounts after verifying the counterfeit activity. Additionally, they claim that the defendants submitted fake invoices to Amazon to falsely represent their goods as authentic, which Amazon and Longchamp later found to be “fabricated based on deviations from an authentic invoice.”
Amazon, Longchamp’s Anti-Counterfeiting Measures
In the complaint, Amazon highlights its extensive anti-counterfeiting measures, noting its investment of “over $1.2 billion and [employment of] more than 15,000 people to protect its stores from counterfeits, fraud, and other forms of abuses.” It points to its suite of tools to combat counterfeiting, including its Brand Registry, Transparency, and Project Zero, each of which were developed to help brands detect and remove counterfeit listings before they reach consumers, the companies assert.
Despite these protections, the complaint alleges that the defendants employed sophisticated tactics to evade detection by Amazon, including using falsified identities to circumvent Amazon’s systems. The lawsuit argues that defendants’ tactics specifically harmed “the trust that customers place in Amazon and Longchamp” and damaged Amazon’s brand integrity.
The complaint also makes note of Longchamp’s proactive stance against counterfeiting, emphasizing Longchamp’s participation in Amazon’s anti-counterfeiting programs and its in-house anti-counterfeiting initiatives. Longchamp’s partnership with Amazon in the case at hand signals its ongoing dedication to the fight against fakes, the complaint states, going on to argue that by selling counterfeit Longchamp goods, the defendants “willfully deceived” Amazon’s and Longchamp’s customers, leading to reputational harm and customer confusion.
With the foregoing in mind, Amazon and Longchamp set out claims of trademark counterfeiting, false designation of origin, violations of Washington’s Consumer Protection Act, and breach of contract, with the latter stemming from the defendants’ allege breach of the terms of the Amazon’s Business Solutions Agreement (“BSA”) as a result of their sale of counterfeit goods, submission of falsified documents, and failure to reimburse Amazon for issuing refunds to customers who unknowingly purchased fake products.
Amazon alleges that, according to its BSA, “The sale of counterfeit products is strictly prohibited” and that the defendants agreed to Amazon’s “Anti-Counterfeiting Policy” as part of their seller agreement, which they ultimately violated.
The plaintiffs are seeking several forms of relief to prevent future counterfeiting activities and to recover damages, including a permanent injunction; an order requiring the defendants to destroy all counterfeit products in their possession; monetary damages, including statutory damages for trademark counterfeiting and potential treble damages under the Lanham Act; and asset disclosures on the defendants’ accounts to prevent further counterfeiting profits and ensure Amazon’s reimbursement for losses.
THE BIGGER PICTURE: The case is the latest in a string of litigation that Amazon has waged with brands, which have included Salvatore Ferragamo, HanesBrands, and Valentino, among others, as part of its ongoing campaign against the sale of counterfeits on its platform. In addition to demonstrating Amazon’s efforts to clean up its $400 billion-plus platform, the case underscores the challenges faced by luxury brands in protecting their intellectual property. As outlined in various parts of the complaint, including the company’s anti-counterfeiting policy, which is included in the filing, “Amazon strives to ensure a trustworthy shopping experience for our customers.”
Furthermore, Longchamp emphasizes in the complaint how it “goes to great lengths to protect consumers from counterfeits of its products and is committed to leading efforts to combat counterfeit products.” The company goes on to state that it “utilizes both internal and external resources to combat counterfeit and infringing products, online and offline,” along with “trained staff who consistently monitor online retailer sites around the world for counterfeit sellers and infringing ads,” and third-party brand protection.
At the same time, the case also seems to highlight a growing challenge within Amazon’s recently announced broader anti-counterfeit efforts, which aim to prevent bad actors from exploiting the platform’s reach and customer trust to distribute inauthentic goods.
The case is Amazon.com, Inc., et al. v. Michael Christopher Pitta, et al., 2:24-cv-01783 (W.D. Wa.).
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