Amazon, Vera Bradley Win Suit Involving Counterfeits Sold by Amazon Seller
Amazon and Vera Bradley Designs were granted damages and legal fees after the two companies sued an online seller of trademark-infringing Vera Bradley goods. The U.S. District Court for the Western District of Washington approved a motion for summary judgment in the July 31 decision after the defendant didn't respond to a complaint and summons. The suit stems from 2017 seizure notices from CBP to Vera Bradley over counterfeit shipments that listed Linda Kurth as the importer of record. After Vera Bradley told Amazon that Kurth's Amazon seller account was selling counterfeit goods, Amazon informed Kurth. Amazon subsequently ordered a bag from Kurth and confirmed it was counterfeit. "Amazon's records reflect that Kurth sold $613,818.77 dollars of Vera Bradley products before Amazon blocked her account from further sales," it said.
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The court granted a permanent injunction against Vera Bradley trademark infringement, but declined to enjoin Kurth from "opening any Amazon Seller Accounts or otherwise selling products on any of Amazon's websites." That provision was too broad, the court said. The court also considered Kurth's response to Amazon and Vera Bradley's lawyers that disputed that she knew the goods were fake. While the requested damages were for more than $750,000, the court awarded $44,000 in damages, $15,136 in legal fees and $485 in costs.