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Stampin’ Up, which produces and sells decorative rubber stamps and other scrapbooking and paper craft supplies, filed its complaint at the US District Court for the District of Utah Central Division on Wednesday, April 4.
The lawsuit was filed against Alibaba, which operates the e-commerce platform AliExpress, an online shop that allows merchants to sell products across the world.
The claim was also brought against AliExpress stores WuYu; KLJUYP; Coohool; Liangshangmei; Yi Wu Yu Yi Co; Gongzhiqian; ZFParty Handcraft; Qianyan; Yiwu Import and Export Trade; Universe Flag; and QLLH. In each instance, Stampin Up accused the defendants of selling “knockoff” versions of its own stamps.
According to the claim, stamping is a craft where an image that has been carved into a sheet of rubber is covered in ink and pressed onto a piece of paper, resulting in the image being transferred.
Stampin’ Up alleged that the defendants have been selling rubber stamps with designs identical to its own since September 2017. The infringing products are allegedly being sold at dramatically lower prices than authentic Stampin’ Up products. It is believed that over 90 of the plaintiff’s stamps have been copied and offered for sale by the defendants.
Between November 2017 and March 2018, Stampin’ Up submitted 143 takedown notices to AliExpress.
The claim said that although AliExpress removed the stamps that were brought to its attention, “it did nothing to remove the many other listings for knockoff stamps on AliExpress that Stampin’ Up had not yet located, and could not reasonably be expected to locate due to the size and scope of the AliExpress platform and the continual addition of new listings for knockoff stamps in new stores”.
In some instances, an infringing stamp was removed from one store, only to reappear in another.
The plaintiff said that it sent a letter dated March 23, 2018, informing AliExpress of the “blatant and systematic copyright infringement”.
The claim said that Alibaba has assisted and contributed to the defendants’ copyright infringement by giving them the platform to sell the allegedly infringing products.
Stampin’ Up is seeking damages and the defendants’ permanent enjoinment from selling stamps that copy the plaintiff’s art.
Stampin’ Up, Alibaba, ecommerce, copyright, copyright infringement, art, US District Court for the District of Utah Central Division