Amazon.com Inc v. Phmn9y3v
2:22-cv-00840
W.D. Wash.Sep 16, 2024Background
- Plaintiffs Amazon.com, Amazon.com Services, and Cartier International sued Li Xinjuan, Shenzhen Xinjianhe Technology Co., Zhu Jian, and Zhou Fuhan for selling counterfeit Cartier products via Amazon.
- Defendants allegedly operated multiple Amazon seller accounts and used social media to direct purchases to “hidden links” for counterfeit goods.
- Amazon and Cartier traced $190,005 in counterfeit sales from the various accounts between October 2019 and June 2021.
- Cartier confirmed sampled products were counterfeit and asserted harm to their IP, sales, and reputation.
- Defendants failed to appear in the action despite service, leading to the Plaintiffs’ motion for default judgment.
- Plaintiffs sought statutory damages and a permanent injunction, not actual damages under the Washington Consumer Protection Act (CPA).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over nonresident defs | Defendants consented via Amazon’s agreement; purposeful direction to U.S. | No appearance made | Court has jurisdiction under contract and Fed. R. Civ. P. 4(k)(2). |
| Trademark infringement & counterfeiting | Defendants sold counterfeit Cartier goods, causing confusion | No defense presented | Default judgment for Plaintiffs; infringement proven. |
| Contributory infringement and false designation | Xinjuan/Shenzhen knew of and enabled infringement | No defense presented | Default judgment for Plaintiffs; elements met. |
| Entitlement to statutory damages/injunction | Sales were willful; monetary and equitable relief proper | No appearance or defense | Statutory damages and permanent injunction granted as requested. |
Key Cases Cited
- Alan Neuman Prods., Inc. v. Albright, 862 F.2d 1388 (9th Cir. 1988) (discretion in granting default judgment)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (factors for default judgment)
- Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352 (9th Cir. 1985) (elements of trademark infringement)
- Inwood Lab’ys, Inc. v. Ives Lab’ys, Inc., 456 U.S. 844 (1982) (contributory trademark infringement standard)
- Freecycle Network, Inc. v. Oey, 505 F.3d 898 (9th Cir. 2007) (false designation of origin standard)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (injunction factors)