The US R. Rex Parris Law Firm and co-counsel Deborah A. Klar filed the lawsuit on behalf of Wimo Labs on 20 August, 2015, postandparcel.info reports. In a statement posted on its own website, the law firm said: “The detailed lawsuit asserts that because eBay and PayPal cannot continue to enjoy the enormous profits derived from the proliferation of counterfeit and fake products sold on the eBay website if the intentional infringing sellers are excluded, eBay’s policies and practices are designed to, among other things, (i) promote the unlawful activities of its unauthorized sellers by soliciting eBay buyers to purchase fake products knowingly using listings that infringe on registered trademarks, (ii) conceal and protect the identity of the sellers who are responsible for intentional trademark infringement on the eBay website, and (iii) ignore evidence of the unlawful activities by its unauthorized sellers. the source cites.
The law firm added: “Since February 2013, Plaintiff sent eBay more than 5,557 Notices of Claimed Infringement (“NOCI”) by at least 2,200 individual ebay.com registered sellers. The Complaint alleges that given that eBay repeatedly has been informed by Plaintiff and others that iPhone phone cases on ebay.com that mimic the design of Plaintiff’s authentic products offered in materials and in colors never produced by Plaintiff are counterfeit, eBay knew, or willfully ignored that thousands of ebay sellers have been and are continuing to be engaged in the offer and sale of obvious Fake Lunatik Products on ebay.com. In addition, the Complaint provides specific instances where eBay buyers have been directly solicited by eBay to purchase obvious Fake Lunatik Products.” the source cites.
The sellers listed in the complaint include a number of companies based in China, which does have a reputation for having a thriving counterfeit goods sector.
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