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Daily Newsletter

12 February 2024

Daily Newsletter

12 February 2024

Amazon and BMW win civil lawsuit against counterfeiters

The court's decision affirmed that the defendants had violated the law, as well as BMW's trademarks and Amazon's policies.

Luke Martin February 09 2024

Amazon's Counterfeit Crimes Unit (CCU) and BMW Group have emerged triumphant in a joint civil lawsuit against four individuals based in Spain.

The ruling, delivered by the EU Trademark Court in Alicante, marks the first successful prosecution of its kind in Spain, targeting counterfeiters attempting to sell fraudulent BMW parts and accessories across Europe.

The court's decision affirmed that the defendants had violated both the law and Amazon's policies, along with infringing on BMW Group's registered trademarks.

The counterfeit products, including valve caps, badges, and key rings, were intercepted before they could reach unsuspecting customers.

Amazon's proactive approach to combating counterfeit products played a pivotal role in uncovering the fraudulent activity.

Utilising advanced machine learning tools, Amazon identified suspicious behaviour and collaborated closely with BMW Group to confirm the authenticity of the products in question.

Together, they enforced the closure of the defendants' selling accounts, removed infringing listings, and issued refunds to affected customers.

“When Amazon and BMW Group both contribute their investigative capabilities, experience, and technological resources to jointly identify and target counterfeiters, we are very effective and successful in our fight against bad actors,” said Jochen Volkmer, head of Intellectual Property Law, Trademarks, Designs, BMW Group.

Zero tolerance for counterfeit products

Kebharu Smith, director of Amazon's CCU, reiterated the company's unwavering stance against counterfeiters, emphasising its commitment to safeguarding customers from fraudulent schemes.

“Amazon has zero tolerance for counterfeit products and will take the fight to bad actors wherever they operate.”

“This judgement is a significant win. By partnering with brand owners like BMW Group, we can successfully shut down counterfeiters and stop fake items from ever reaching our customers or being sold elsewhere in the supply chain,” added Smith.

Amazon's robust automated protection technologies serve as a formidable barrier against counterfeit products.

With more than 800,000 attempts thwarted in 2022 alone, Amazon's proactive measures ensure that fraudulent listings are promptly identified and removed, safeguarding the integrity of the marketplace.

Continued vigilance against bad actors

Amazon's dedication to pursuing bad actors extends beyond legal victories. The CCU collaborates with brands and law enforcement agencies worldwide to hold counterfeiters accountable.

In 2022, more than 1,300 individuals were sued or referred for investigation across various jurisdictions, signalling Amazon's unwavering commitment to combatting counterfeit activity.

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