Los Angeles, CA asked in Trademark and Intellectual Property for Texas

Q: My trademark has been maliciously tampered with by competitors on Amazon. Can I win in a legal case?

Products bearing my trademark have been maliciously tampered with by a competitor using a high-level Amazon Vendor Central (VC) account,and there are many victims of this type of attack.

The group using this account to launch attacks is mostly from China, and as far as I know, these accounts are traded on the Chinese market for an average price of around $200,000 USD. Malicious attackers purchase these accounts to carry out various illegal activities, not only to monopolize a product category, but also to sell inferior products that infringe on buyers' interests to gain large amounts of money.

I suffered significant losses after being attacked and sought help from Amazon, but to no avail. I know Amazon is aware of the existence of this type of attack, but they have been evasive and delaying my requests for sanctions and compensation, so I'm seeking legal help. Can I win this case?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It sounds like you could win if you can clearly identify the perpetrators in China, serve them with process, and acquire jurisdiction over them. You should do your research first to make sure the perpetrators have assets in the United States you can seize to collect any favorable judgment. While China is a signatory to various treaties and compacts, I would not necessarily rely on its courts to help you collect on a judgment in a case of this nature.

1 user found this answer helpful

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