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The marketers of ‘as seen on TV’products including the Snuggie blanket have taken action against online marketplace Amazon.com in a trademark and copyright infringement claim.
In a lawsuit filed on Monday, December 5 at the US District Court for the Southern District of New York, Allstar Marketing Group, Ideavillage Products and Ontel Products claimed that infringing goods are being sold on Amazon.com.
The suit claimed that as of November 30, 2016, a search for Allstar’s Snuggie returned 7,464 listings on the marketplace.
It added that “an astronomical number of counterfeit and infringing products” are offered for sale and sold on the Amazon.com website at a “rampant rate”.
Since 2014, the marketers have set up investigations which have discovered infringing and counterfeiting activities on Amazon.com.
The marketers have reported thousands of listings of counterfeit goods to Amazon.com. Allstar has reported approximately 2,114 since July 2016.
“Plaintiffs have spent substantial time, money and effort in building up and developing consumer recognition, awareness and goodwill in plaintiffs’ ASOTV products, plaintiffs’ marks and plaintiffs’ works,” said the suit.
The suit added that it was common for counterfeit products to be listed on the Amazon.com website for “much less than the suggested retail price”, resulting in “significant damage … through product cost erosion”.
The plaintiffs are seeking a jury trial, damages, triple damages, an award of profits, destruction of infringing products, and injunctive relief.
Amazon.com, Allstar Marketing Group, trademark, trademark infringement, counterfeits, online counterfeiting, ‘As Seen On TV’