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According to a class action lawsuit, Wish.com steals product ideas and sells counterfeit versions without entering into official licensing agreements with the product creators.
Plaintiff Choon’s Design claims to have developed the Rainbow Loom, an educational rubber band craft designed for children.
The Rainbow Loom products include a set of rubber bands and hooks sold in kits. These kits can reportedly be used to make bracelets, charms, murals, figures, and other items.
Rainbow Looms won four Toy of the Year Awards in 2014. Since their creation, Rainbow Looms have reportedly sold around 3 million units – resulting in a revenue of more than $15 million. Rainbow Loom kits are sold by the maker and by online and in personal retailers who have licensing agreements with Choon’s Design.
Despite Rainbow Looms being patented by Choon’s Design, Wish.com allegedly sells a counterfeit version of the product on its website. Choon’s Design has filed a Wish.com class action lawsuit against the online retailer, accusing the company of violating trademark law.
“Plaintiff and Class Members do not sell or advertise any of their products on Wish.com, nor has Plaintiff or the Class Members authorized Wish or any other person to sell or advertise any of their products on Wish.com,” the Wish class action claims. “Nonetheless, Wish advertises purported Rainbow Loom products for sale on Wish.com and claims that they are ‘Verified by Wish.’”
Wish.com is an online retailer that was founded in 2011. The “direct-from-China bargain hunting” website allegedly offers clothing, accessories, jewelry, gadgets, shoes, wallets, bags, home décor, and other items. Wish reportedly partners with third party merchants to sell their products in exchange for a 15 percent fee.
Although the website claims to have a “zero-tolerance policy against intellectual property infringement,” the Wish.com class action states that the company routinely sells counterfeit products on its platforms. In some cases, counterfeit items allegedly receive a “Verified by Wish” badge directly from the website.
“Wish either promulgates or ignores the infringing activity of the merchants selling on its platforms and gives the infringers the ‘Verified by Wish’ badge, which both facilitates the infringing activity and expounds consumer confusion,” the Wish class action claims.
Choon’s Design LLC seeks to represent a Class of people and entities who do not have distribution in China but, within the last five years, have had their merchandise offered for sale on Wish.com with the “Verified by Wish” badge.
The Wish class action seeks compensatory damages, restitution, disgorgement, interest, court costs, and attorneys’ fees.
Choon’s Design and the proposed Class are represented by Lisa J. Frisella and Kimberly D. Neilson of Frisella Law APC and Dean Gresham, Bruce Steckler, Stuart Cochran, and L. Kirstine Rogers of Steckler Gresham Cochran PLLC.
The Wish.com Counterfeit Products Class Action Lawsuit is Choon’s Design LLC v. ContextLogic Inc. d/b/a Wish, Case No. 4:19-cv-05300-HSG, in the U.S. District Court for the Northern District of California.
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518 thoughts onWish.com Class Action Says Website Sells Counterfeit Products
add me
add me yes they sell things that dont even look the same as advertised
Wish.com is fraudulent, I’ve been trying to get my money refunded on items that I paid faster shipping on that were supposed to have arrived within 5-7 days and I ordered these items 2mths ago and they still haven’t arrived wish bot customer support is useless and I can’t get anyone in customer service directly and they send messages through the app and the emails they have sent can’t be replied to, they just keep on jerking me around, according to the consumer laws when something is paid for and the delivery date given by merchant has passed and the buyer hasn’t received the item then they are entitled for a full refund. A few hundred dollars isn’t alot of money but those were gifts that I bought for friends and family and because they didn’t arrive and still haven’t I had to go spend money I didn’t have so I could get the gifts on time to the friends and family I promised I would get them.
I have spent alot of money for jewelry that was falsely advertised and now they sent me 160.00 deposit to my debit card account and the company locked my card claiming wish fraud now I dont know what to do
I’ve had this app for like two years yes it sells items for cheap but they’re really cheap quality I’ve ordered iPhone chargers and it goes out by a day not worth what I’ve spent for shipping and the item it cost itself it comes in like 3 weeks to a month not worth it. I’ve bought other things like shirts , screen protectors ,covers for my phone and it’s just replicas with cheap quality , some of the things I’ve bought off of wish I never even received.
They’re scumbags, I bought a drone for one of the kids in my neighborhood that doesn’t have alot and I found out that he was only eating twice a day at school so my son started inviting him over for dinner a few times a week and we were going to surprise him with that drone and it arrived and it was a knockoff of the eachine e58 and I tested it before I was going to give it to him because those lipo batteries are dangerous. I was babysitting one of the batteries while it was charging and smelled something burning and the USB charging cord that came with it malfunctioned and was having a catastrophic meltdown and would have burnt my house down. I couldn’t live with myself if I gave that away and wish.com has not done anything about this after I sent them pictures of it!
To be honest, that’s touching, but I doubt Wish really cares, they probably ask for some extra money from the reseller, give it to you, apologize and go on to selling the same thing. I suggest you go to Alliexpress because at least most of the reviews are honest, and you can see the one star reviews. Even then if there are bootleg products usually they aren’t even trying to copy the original, for example I bought a Star Wars figure, but ahead of time from the pictures they did make it aware it was a knock off, so I in turn, knew what I was buying.
Get off Wish, its garbage, its a Alliexpress wannabe, no questiosn asked.
Wish.com is interesting in that the product you order may be just pure junk, or if your lucky you may be able to use the item. I have ordered glass beads, and when they came….they were plastic. I did order some pendants to use in crafting and they were ok, but bottom line is you will most likely get ripped off. Beware of this outfit…all from china, and many unscrupulous sellers. Please add me to the complaint.
Have not gotten anything
The fiber mascara, should be banned, stuff could seriously damage someones eyes… And I can’t tell ya the countless items I have thrown out either way wrong size or just junk!
I bought underwear that was trash. I bought art sets for last Christmas they never came. I emailed wish and never got product replacement or my money back….no more ordering from Wish for me.
I have purchased many items from Wish that were absolutely trash. I have received torn, broken and completely unrecognizable items. I have never received anything that was usable. Very disappointing.