Nintendo has won another lawsuit this week, this time against a pair of counterfeit sellers selling fake amiibo cards on Amazon.
In October 2023, Nintendo and Amazon filed a joint lawsuit against the counterfeiters for allegedly selling fake Nintendo goods, but the sellers failed to respond.
Now a Seattle district judge has issued a default judgement in the companies’ favour, awarding over $7m in trademark infringement damages (thanks Polygon).
Specifically, Nintendo sought $705,963 against one seller through several seller accounts, $6.2m against another seller with several accounts, and $47,652 against both for a shared account.
“The Court finds this damages request to be reasonable, in light of the nature of the deceptive scheme, the scope of the sales, the involvement of each Defendant, as well as the need for compensation, deterrence, and punishment,” court documents read. “The Court therefore awards Nintendo damages in the amounts and allocations sought.”
Amazon shut down the sellers’ accounts ahead of filing the original complaint.
“Nintendo utilises both internal and external resources to combat counterfeit and infringing products,” wrote lawyers in that original complaint. “Nintendo works with a third-party brand protection service vendor on the detection and removal of product listings violating Nintendo’s IP rights that are identified and sold in Amazon’s stores. Nintendo works regularly and collaboratively with Amazon to identify counterfeit Nintendo products and to strengthen automated detection and removal of the products from Amazon’s stores.”