Amazon.com Inc v. Parkhomenko
2:21-cv-01283
| W.D. Wash. | Jul 3, 2025Background
- Amazon.com, Inc. and Kirby Opc, LLC sued several defendants for selling counterfeit Kirby vacuum bags on Amazon's platform using fraudulent selling accounts and falsified documents to bypass Amazon’s authentication systems.
- Defendants were divided into two groups: "Trafficker Defendants" (those who sold the goods) and "Facilitator Defendants" (those who enabled the scheme, e.g., by providing fake documentation).
- Plaintiffs argued that the defendants’ actions harmed their brand, diverted sales, and deceived customers into believing counterfeits were legitimate.
- After proper service, most defendants failed to appear or respond; the clerk entered default, and only one (Hapantsou) settled and was dismissed.
- Plaintiffs pursued default judgment, seeking statutory damages and a permanent injunction, voluntarily dismissing claims for false advertising, fraud, and unjust enrichment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trademark Infringement & Counterfeiting | Defendants used counterfeit marks to deceive buyers and divert sales | None (default) | Plaintiffs' claims sustained, default judgment granted |
| False Designation of Origin | Defendants' misuse deceived consumers and harmed goodwill | None (default) | Plaintiffs sufficiently pleaded injury and deception |
| Contributory Infringement/False Designation | Facilitator Defendants knowingly aided primary violators via control/services | None (default) | Facilitators liable for contributory infringement |
| WA Consumer Protection Act | Conduct was unfair, deceptive, harmed business and public interest | None (default) | Sufficient elements met for relief under state law |
| Intentional Interference with Contract | Facilitators knowingly circumvented Amazon’s agreements and processes | None (default) | Plaintiffs adequately showed intentional interference |
| Statutory Damages and Injunctive Relief | Requested damages are proportional, and permanent relief is warranted | None (default) | $196,686 damages awarded; permanent injunction granted |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (lists factors for default judgment)
- Chan v. Soc’y Expeditions, Inc., 39 F.3d 1398 (9th Cir. 1994) (forum selection clause as basis for jurisdiction)
- Lockheed Martin Corp. v. Network Solutions, Inc., 194 F.3d 980 (9th Cir. 1999) (standard for contributory infringement via service)
- Perfect 10, Inc. v. Visa Int’l Serv. Ass’n, 494 F.3d 788 (9th Cir. 2007) (knowledge/control required for contributory infringement)
- Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832 (9th Cir. 2001) (irreparable harm includes loss of goodwill)