Amazon’s anti-counterfeiting unit reaches settlement with social media influencers

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Amazon announced a deal with Kelly Fitzpatrick and Sabrina Kelly-Krejci who have used TikTok, Instagram and Facebook to promote and facilitate the sale of counterfeit luxury fashion items in the Amazon store, as well as in other markets in line.

In the trial, deposit in November 2020 in U.S. District Court for the Western District of Washington, Amazon showed individuals conspiring to promote counterfeit luxury branded products on social media sites and direct customers to product listings in the Amazon store that escaped counterfeiting measures by appearing to be generic, non-counterfeit products, while products shipped to customers would be the counterfeit items promoted on social media.

As part of the settlement, Fitzpatrick and Kelly-Krejci will make settlement payments to Amazon, which will be donated to charities, including the International Trademark Association’s (INTA) Unreal Campaign, a consumer outreach initiative aimed at educating 14 to 23 year olds on the importance of intellectual property rights.

Fitzpatrick and Kelly-Krejci have also agreed to cooperate fully and unconditionally with Amazon’s investigation and legal action against the remaining defendants, as well as vendors and other malicious actors involved in the promotion and sale of counterfeit products. .

“We are delighted that this settlement has enabled individuals to recognize the damage they have caused, help our investigation move forward and that charities will benefit from the funds recovered,” said Kebharu Smith, director of Amazon’s Counterfeiting Unit. “This regulation sends a strong message to potential bad actors that Amazon will find you and hold you fully accountable.”

By consent decree, Fitzpatrick and Kelly-Krejci are prohibited from marketing, advertising, linking, promoting or selling products of any kind directly or indirectly on the Amazon store in the future without the express written permission of Amazon.

In addition, the defendants have apologized for their actions. Kelly-Krejci said, “I appreciate the opportunity to resolve this dispute and help Amazon.” And Fitzpatrick added, “I would like to warn other people engaged in similar behavior on social media that there will be serious consequences for their actions.”

Amazon Counterfeiting Unit

In June 2020, Amazon launched its Counterfeit Crimes Unit, a global team dedicated to prosecuting counterfeiters and holding them accountable to the fullest extent of the law, including working through the court system and in partnership with counterfeiters. law enforcement.

Amazon has filed a series of lawsuits against counterfeiters, including joint lawsuits with clothing-maker tech company GoPro HanesBrands, and manufacturer of outdoor products YETI.

Amazon strictly prohibits counterfeit and counterfeit products in its store, uses state-of-the-art tools to verify the identity of potential sellers and ensure product listings are genuine, and its proprietary systems analyze hundreds of unique data points for verify the information provided by potential sellers.

In 2020, only 6% of attempts to register new seller accounts passed Amazon’s robust verification processes and products listed for sale. Additionally, less than 0.01% of all products sold on Amazon have received an infringement complaint from customers.

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