Nintendo and Amazon have joined forces in a default judgment application against sellers who they allege have illegally sold fake Nintendo products on Amazon. The two entities originally filed a claim in October 2023 for trade mark infringement, false advertising, breach of contract, and violation of the Washington Consumer Protection Act. However, the Defendants, named as Chen Jing, Zhou Rong, and Jing Ing Shao, failed to respond to the claim and the summonses filed thereafter.
The dispute arose as Amazon sent the fake goods to Nintendo to confirm their counterfeit status, which it did. The fake goods in question include pirated cartridges for games such as Animal Crossing and The Legend of Zelda, and fake interactive figures known as amiibo cards for the same. The counterfeit goods were sold bearing Nintendo’s registered trade marks.
The entities have alleged that the individuals have sold nearly $2.5 million worth of fake Nintendo products. Consequently, they are seeking a total sum of $7 million in judgment, which is triple the sales of each seller.
As none of the Defendants have responded to the claim, or showed up to Court to defend themselves, then it is possible that the judgment could be granted. However, the court’s decision on default judgment is yet to be delivered.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
