Common Law Trademark Infringement, Common Law Unfair Competition, Deception, Federal Trademark Infringement, Federal Unfair Competition, Indiana Crime Victim’s Relief Act, Jane Magnus-Stinson, M. Kendra Klump
Delta Faucet Company is once again pursuing a counterfeit faucet seller from Amazon in the Southern District of Indiana. The Complaint (below) details how a company’s trademarks are impacted by unauthorized sellers and the resulting negative online marketplace reviews. As with Delta’s previously-filed lawsuits, the Complaint highlights the gray market existing within Amazon’s “Fulfillment by Amazon” services that allows for counterfeit sales, leading to invalid product warranties, disgruntled consumers, and damaged brands.
Delta’s most recent “counterfeit” lawsuit resulted in a default judgment and permanent injunction as the Defendant never appeared. The lawsuit took just a few days over one years. The injunction, probably Delta’s real goal, presumably allowed them to finally stop the unauthorized Amazon sales. However, like mosquitoes, stop one counterfeiter and another will inevitably appear. We can probably expect a similar result in this lawsuit…no appearance by the defendants, default judgment, and injunction.
Stay tuned for updates.
Delta Faucet Company v. Watkins et al.
Court Case Number: 1:23-cv-00200-JMS-MKK
File Date: February 1, 2023
Plaintiff: Delta Faucet Company
Plaintiff Counsel: Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Ben Watkins, John Does 1-10
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition, Indiana Crime Victim’s Relief Act, Deception
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: M. Kendra Klump