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Lawsuit against Amazon by Daimler AG over the Selling Of Replica Mercedes Wheels

Wed, Aug. 24, 2016 Posted: 11:49 PM

Daimler AG is taking legal action against Amazon for trademark and patent violation, asserting the ecommerce lead had sold and supplied replica Mercedes wheels produced by third party manufacturer that bluntly features the protected designs of the automotive giant.

The suit was filed in Seattle’s district court in the US, could bring Amazon under the new test of liability for fake products on its part, which is going to be a trouble involving comprehensive legal and financial effects for the company. A similar case of this kind was won by Amazon last year sued by pillowcase maker Milo and Gabby, however the ruling is under appeal right now and the legislators of the trial court judge must re-examine the law based on which the decision was made.

The major question raised from Milo and Gabby’s side in the case was if Amazon was accountable for breach by a third-party seller using its side. But, in that case, the pillowcases were authorized as sold by third-party distributor, however fulfilled by Amazon. The judgment came referring that that Amazon had not made any ‘offer to sell’ technically, which is the legal requirement necessary to hold the company responsible for the selling of replica goods.

But here in this case, the lawsuit from Daimler AG is made with a different twist. The suit was filed showing the listings with the items from replica wheels are sold by Amazon along with being shipped by the firm. Most of the listings were active for long time after the suit was filed, but with no ‘sold by Amazon’ term. It is said by Daimler that it bought multiple wheels from Amazon as a part of investigation and that all automobile wheels received through Amazon were examined to prove that they are not original products manufactured or certified by Daimler, its licensees or its subsidiaries. This is the complaint from Daimler side. Further, the examination of the purchased products confirmed that the wheels that Amazon promoted and sold were actually not the manufactured or authorized products of Amazon.

A permanent injunction is sought by Daimler against Amazon and financial damages as per the alleged infringement of Amazon, claiming for triple the normal cost of damages involved in such cases. There is no comment yet made from Amazon’s side. It seems that the case is something serious that the response from Amazon is eagerly expected.

Lara Sen