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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
Please add me
Add me please
Stole 375.00 out off my acc last dec I never received anything
Add me as well! I spent my last bit of money on a few Christmas gifts for my kids. The order is not on my order history. I have the proof that the money was taken out of my account. I emailed support and they said to send them detailed pictures or give the order number which I didn’t have. Then the next day I got the cheapest thing that was on that order, so I gave them the order number and they’re still telling me to send more pictures of the product. So, pretty sure I won’t see a penny of the $61.15 I spent.
Yes my name is Randy freely they just stole $120 out of my account billing me for seven or eight items that I did not purchase I had to tell my bank to block them is there anything that we can do we need to start a lawsuit immediately over this it’s happening to a lot of people it’s time to put shut it down
I’m the original creator of a product (established in 2007, featured on The Tonight Show and around Hollywood) that went viral after COVID-19. Wish essentially put that product out of business.
Yes please add my name i ordered 23 items in nov 2020 paid over 700.00 for gifts for xmas i only received a fake jacket which was defective and a jogging suit that could fit a 10 – 11 yr old child. They’ve refused to send me my items ive paid for or to exchange or refund me my money this company should not be allowed to be in buisiness .
Please add me, I have experienced each and every one of the issues described by other responders, plus many more, including wish’s so called “special deals”.
These “special deals” are available for a limited time on their site and are usually priced for pennies on the dollar, with numerous items being offered everyday and you must be the first purchaser in order to receive the item for the special price.
The thing is, I don’t know if anyone has ever actually been the first purchaser, because I have documented proof of well over Two Hundred (200) of their
“special deals” I placed personally, my bank was charged for the item plus the shipping which varied from sixty (60) cents to seventy five (75) cents each. Then usually the following day I would receive a notice saying my payment was not processed on time so I was being refunded. So how could my payment not be processed on time, over Two Hundred (200) times?
When I tried to contact Customer Service, there is no phone number only on line multiple question choice complaints, with the same answers for each, please take a picture of your item, bla bla bla, or some other response that has nothing to do with why you contacted them in the first place.
So yes please, PLEASE, add my name to this class action!
Add me to the list. I ordered lace front wigs from Wishwigs. They sent me wigs that didn’t even look like the ones I ordered. I emailed them and their answer was that I could accept a percentage of what I paid for the wigs or pay out of pocket my own pocket to send the wigs back. It would’ve cost me $42.68 to send them back. I filled a complaint with the Better Business Bureau recently. They are trying to pull the old bait and switch on me I.
How do I sign up. I was a loyal customer until the other day. I finally got what was a Puma Outfit that I ordered for my birthday. I even went and bought Matching Puma shoes to go with the fit. When it arrived it said Pnmu. Had the symbol and all. I asked for a refund and still have not heard back from them. I’m pissed
I’ve bought 2 products and when I received them I only bought the cases to those products. My fault !! But the thing is , the large pictures of both items were of the product wanted to buy. When I went back and checked . Ij was actually buying the cases. Which stated that in very tiny print with an even smaller picture of the case. This is wrong and unethical as it’s misleading the consumer. It’s unjust and we need to do something about it . India has banned a lot of apps from China. If we can’t sue then let’s perfection to ban wish from our internet.
Add me. I ordered an item to be a 3XL, When I got it it did say 3XL but did not fit. I measured it and it was not even big enough to be a 2XL. I sent a picture of all the measurements to wish customer support, even their size chart. All the would say to me is that if the tag says 3XL it must be a 3XL despite all of the evidence. So, If I buy a pinto wagon and put a Ferrari hood oddment on it is it a Ferrari?
Add me too. I bought a camera in March, however due Covid, it was sent back by the courier. Wish asked me to print the return barcode and post accordingly but I never received the camera in the first place. It’s been six months now. I’m unable to claim a refund and so as a result I asked them to redeliver the product I paid for. They send the same response: a sorry and then a link saying I’m unable to receive a refund. I’ve asked them time and time again to return my camera but they don’t. How can they get away with this? And shame on Facebook for advertising them. I really don’t know what to do. I refuse to believe they can get away stealing €144,00.
The website tried banning me because whenever I received the majority of their items, they were not as advertised and were either poorly made or not useable. It was horrible and they do not give you back the boat load of shipping costs they charge.