Frequent online shoppers will know that Amazon has a pretty abhorrent track record when it comes to counterfeit items showing up on their storefront. While many manufacturers of quality firearms accessories and products will opt to put up an official Amazon store page, many companies also suffer at the hands of counterfeit manufacturers who sell cheap or poorly constructed knockoffs of official products. In a recent and significant “David vs. Goliath” victory in court, the Israel-based Maglula company defeated the mega-corporation Amazon in what ended up as a “straightforward counterfeit case” according to U.S. Court Judge Liam O’Grady when commenting on his ruling of the case.
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Victory! Maglula Defeats Amazon in Counterfeit Claims
A team of attorneys including Jeffrey Berkowitz, and Dany Awdeh were able to convince Judge O’Grady to dismiss Amazon’s motion to end the counterfeit lawsuit and eventually reached a settlement on Friday which marked a massive victory for not only Maglula but other companies as well who have been tied up in litigation with the online retail giant. Specific details on the settlement are not available at the time of writing but it is safe to say that this is quite a massive accomplishment considering the difference in size and influence between the two companies.
Despite Amazon asserting throughout the case that it is not liable for intellectual property infringement because it is just a platform and not the actual seller of counterfeit goods, the Finnegan team was able to successfully convince Judge O’Grady otherwise and secured orders from the court denying Amazon’s multiple challenges to Maglula’s complaint. The case also marked a number of firsts in counterfeit lawsuits against Amazon, including an order that was granted to allow Amazon’s warehouses to be inspected for counterfeit goods (ostensibly a first of its kind in an IP case against Amazon) and a finding that Amazon destroyed evidence after Maglula filed its complaint.
Let us know your thoughts and comments down below on this court case. Do you guys think this bodes well for other retailers or will this be a one-off victory against Amazon? If nothing else, this makes it at least a bit safer to shop on the online platform if you’re trying to avoid counterfeit products.