Amazon, Theragun file lawsuit against counterfeit massage devices on platform

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Amazon lawsuit overview: 

• Who: Amazon and Therabody filed a lawsuit against a group of individuals and Chinese corporations. 
• Why: The defendants are selling counterfeit Therabody massage devices on Amazon.com, according to the Amazon lawsuit.
• Where: The lawsuit was filed in federal court in Washington.

Plaintiffs Amazon.com LLC and Therabody Inc. filed a lawsuit against a group of individuals and Chinese corporations accusing them of selling counterfeit Theragun massage guns on Amazon.com.

The defendants are accused of marketing, selling and distributing counterfeit Therabody products between June and November 2022 while looking to deceive customers. The counterfeit operation caused both Amazon and Therabody to spend significant funds attempting to investigate the counterfeit sales, according to the Amazon lawsuit.

“Defendants unlawfully advertised, marketed, offered, distributed, and sold products bearing counterfeit and infringing versions of the Therabody Trademarks with the intent and likelihood of causing customer confusion, mistake, and deception as to the products’ source, origin, and authenticity,” the Therabody lawsuit said. “Specifically, Defendants intended customers to believe, incorrectly, that the products originated from, were affiliated with, and/or were authorized by Therabody and likely caused such erroneous customer beliefs.”

Therabody is asking for injunctive relief and the confiscation of all infringing products and materials as well as damages being awarded to both Therabody and Amazon, according to the Therabody lawsuit. Both companies are also asking for attorneys’ fees to be paid by the defendants.

Amazon and Therabody spent significant funds investigating fraudulent, counterfeit products

Amazon has spent significant funds attempting to root out violating accounts and products and Therabody has as well, according to the Amazon lawsuit.

Therabody has filed 14 lawsuits related to its Theragun since 2020, while Amazon’s efforts have resulted in the number of bad actors attempting to create new selling accounts dropping from 6 million attempts in 2020, to 2.5 million attempts in 2021, to 800,000 attempts in 2022, according to the Amazon lawsuit.

Amazon spent more than $1.2 billion and employed more than 15,000 people looking to stop fraud and abuse in 2022 and stopped 800,000 bad-actor accounts before they were able to publish a listing, according to the Therabody lawsuit.

Amazon recently filed a lawsuit against the owners of the website NiceDiscount.net that was allegedly paying individuals to write fake reviews for products on Amazon.com.

Have you seen a counterfeit Theragun massager on Amazon? Let us know in the comments.

The plaintiffs are represented by Scott R. Commerson and Lauren Rainwater of Davis Wright Tremaine LLC.

The Amazon lawsuit is Amazon.com, et al. v. Weiyaun, et al., Case No. 2:23-cv-00931, in the U.S. District Court for the Western District of Washington, Seattle Division.

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