A Case Over the Sale of Counterfeits on Amazon May Have Implications for Fashion

In December 2021, Finnegan client Maglula Ltd. defeated Amazon’s motion for summary judgment in a counterfeiting lawsuit. Maglula accused Amazon of infringement and counterfeiting following the third-party retail site’s failure to remove counterfeits of Maglula-branded products. Finnegan partners Jeff Berkowitz and David Mroz, who represented Maglula in the suit and settlement, acknowledged the court’s decision as unprecedented, considering Maglula’s case against Amazon to be a “straightforward counterfeit case.” The court’s decision could have a significant impact on the retail giant’s business, considering over half of Amazon’s sales are conducted by third-party retailers and the rate of counterfeit products appearing on the retail site is increasing at an alarming rate.

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