A joint lawsuit has been filed by Amazon.com, in conjunction with Imaging Supplies Coalition (ISC) members, Lexmark and Xerox, to combat the sale of counterfeit toner cartridges on the Amazon platform. The suit alleges the defendants advertised, marketed, offered and sold a variety of counterfeit Lexmark and Xerox cartridges that violate the brands’ respective registered trademarks.
The suit filed in US District Court for the Western District of Washington names three individuals, as well as two US-based companies and one company based in the United Kingdom. The companies worked together with the Amazon Counterfeit Crimes Unit (CCU) to develop this investigation and bring the case to trial.
Counterfeit cartridges were identified via test purchases made on the Amazon.com platform as part of the Lexmark and Xerox online brand protection activities.
The Imaging Supplies Coalition exists to allow its members to work together to combat intellectual property violations in the imaging supplies industry. Amazon and the ISC signed a Memorandum of Understanding (MOU) in 2019 to enable the parties to join forces to improve the sharing of best practices, to create a partnership to combat counterfeiting and to foster a collaborative environment to protect the customer.
Andrew Gardner, ISC Chairman and Lexmark Global Brand Protection Manager stated, “This joint litigation is a result of the close collaboration between ISC members and Amazon and was greatly facilitated by the presence of the MOU. The ISC values its partnership with Amazon and looks forward to strengthening this relationship.”
Amazon’s CCU works closely with law enforcement and brand partners around the world to investigate illicit trade activity. It has filed a series of lawsuits against counterfeiters in partnership with brands such as GoPro, Cartier, Valentino, Salvatore Ferragamo, and many others.
