The owner of Mercedes-Benz, Daimler AG, has commenced proceedings against Amazon.com in California, alleging that the retail giant has infringed Mercedes trade marks by facilitating the sale of counterfeit and infringing goods via its online platform.
The action is based on the Amazon.com's sale of counterfeit 'wheel centre caps' featuring the well-known Mercedes logo (for which Daimler has a number of US registered trade marks), and the retailer's failure to take sufficient action to remove listings once notified that the relevant goods are infringing.
Paul Cox, Foot Anstey's head of Intellectual Property and anti-counterfeiting specialist, said "I think most brand owners will agree that Amazon doesn't do enough to prevent the sale of counterfeit products on their platform. Good to see that Daimler have issued proceedings against Amazon in the US and one of the interesting issues relates to their claim 'ships from and sold by Amazon.com'."
For more information about trade mark infringement or counterfeiting, please get in touch with Paul – email@example.com, +44(0)2380 172 212, https://www.footanstey.com/people-search/3553-paul-cox
“Amazon is the world’s largest internet-based retailer by total sales and market capitalization, with revenues of $136 billion in 2016, a 27% jump from its 2015 revenues,” Daimler’s complaint reads. The German automaker added that Amazon’s e-commerce platform offers more than 350 million products to consumers, more than 12 million of which are sold directly by Amazon. However, Daimler argues that Amazon “facilitates the sale of an exorbitant number of counterfeit and infringing goods” through its platform, counterfeit activity which has increased since 2015 when the company began inducing Chinese manufacturers to list on its U.S. and European e-commerce platforms.