Phoenix Network sues Amazon.com for trademark infringement.
Recently, Shenzhen Qianhai Phoenix Networks, also popularly known as Phoenix Networks has sued Amazon.com Services, LLC and Amazon.com, Inc for infringement of trademark on Phoenix Networks product, surgical - type face masks.
Phoenix Networks have sought for relief through injunction and compensation for damages from Amazon.com.
The issue is mainly related to a 'tagging- along facility' provided by Amazon.com.
Tagging- along is a special type of mechanism on Amazon.com in which, the sellers tag along other seller's listing as well when the products offered by them are identical.
The Phoenix Networks has accused the following-
A. The defendant has offered to sell plaintiff's surgical- type face masks bearing ' HORNANE' trademark under list created by Phoenix Network's authorized distributors on Amazon.com.
B. The face masks offered by the defendant were not Phoenix Networks products. The products delivered to customers though, beared the ' product qualified certificate' , but they were not the products that plaintiff sells to its customers.
C. According to Phoenix Networks, Amazon.com was using its trademark without authorization within its product listing titles and also with the use of 'HORNANE' trademark that the plaintiff did not authorize.
D. According to the Phoenix Networks, Amazon.com was using its trademark 'HORNANE' for selling surgical- type face masks but, sold some other identical face masks. This caused confusion, deception and mistake among customers and thus, harmed the plaintiff.
About Phoenix Networks
Shenzhen Qianhai Phoenix Networks Co. Ltd, is a Chinese private company. The company has been designing, distributing and selling boutique products including surgical- type face masks in U.S.A since 2017.
Due to the recent pandemic situation, with the spread of corona virus around the globe, the company's surgical face masks is having a high demand in the market.
About Amazon.com
Amazon.com Services LLC and Amazon.com Inc is an American multinational technology company. It is among the big four company alongside Google, Apple and Facebook.
It is world's largest online marketplace along with other platforms.
Thus, the accusations of the plaintiff are governed by Illinois Uniform Deceptive Trade Practices Act.