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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
I bought a honey separator. I received a busted and banged up product that had the label just stuck on the thin cardboard box. No shipping box no formed styrofoam or paper or any other shipping protection and after months of round and round they now want me to pay to ship it back and say that I bought it mistakenly. I want to be on any suit I can against this Piece of crap company.
I received 4 “Star Trek” shirts from them that are non-trademarked. They are only willing to refund me for the shirts,not the shipping back to them. I paid a lot to have them shipped to me. They took two months to arrive. They need to be put out of business. I was told they are a good company to buy from. I didn’t pay attention to who I was buying from on Google, who seems to be in league with them, and did not know I was ordering something directly from China. China ntact me if you want addition information. I have reported this to BBB.org.
PLEASE ADD ME. I ordered 4 items in total 3 adult smart mask and 1 childs smart mask on May 12th,2020, totaling $102.45. Thought what a great deal. Then I recieved 5 air filters after waiting a month. I filed a complaint and was told through what I believed is an automated response my items will be delayed due to covid and to wait. I am on my third month. They will not issue me a refund because of the time limitation due to THEIR DELAY. I SPENT $102.45 ON 5 AIR FILTERS. I cannot even screen shot the ad because they took it down all now I get is an “Ooopsthis page no longer exists” how convenient for them. There is no customer service number and the agents all seem scripted because I have left detailed emails only to get the same generic response. This site is BS they are fraudulent. The bait and switch their products then disregards all complaints and keeps the money. They should be shut down.
They straight up told me no refunds. Add me please
Please add me to the suit……never received my products that I ordered back in March…..the run-around.
Ordered tons of stuff in may 2020 never received or shipped wrong item. Cant get refunds ? Overpriced shipping thats illegal too…this is july and they still wont ship or refund
Add me
Sign me up I have been buying from wish for years and you pay double in shipping for something that is a not worth it and letting you know about a special just to tell you you dont qualify for it
I purchased 7 facemask due to coronavirus 1 watch ,a composite toe shoes for work .on may 16,2020 I feel ripped off 100.00,down the drain trying to protect my family.and I don’t internet shopping and never again wish .com are criminals if I would have known.criminals was able to do something like this and Facebook advertising for them..add me to the lawsuit.please
Add me to suit have all documented etc and slander n block account because items were paid in full never shipped now im in the wrong for requesting my funds back
Add me two they are nothing but scams that sell counter fit items
Please compensate me for many many items bought from wish.com
Jewelry, tiny clothes sent wrong sizes, poor quality purse. Clothes not even hemmed up
Just too much dishonest advertising online site
Wish.com is far too many hit & misses