Amazon files lawsuit over counterfeit Ergobaby carriers

Amazon has joined forces with baby carrier manufacturer Ergobaby in a lawsuit against a series of individuals accused of selling counterfeits on its e-commerce platform.

The complaint filed in a Seattle, Washington court accuses 10 people by name of trying to sell fake Ergobaby products on Amazon.com, along with another 10 unidentified people of advertising, marketing, distributing and selling counterfeit Ergobaby products in violation of the company's trademarks.

Ergobaby was set up 20 years ago by Karin Frost to plug a gap in the market for baby carriers that are made from soft materials, offer hands-free to allow freedom of movement and storage, and can be used from birth through toddler years.

Since then, it has expanded its range to include baby strollers, bouncers, high chairs, nursing pillows, and more, selling its products in 50 countries around the world. It has developed a massive following, with celebrity customers including Duchess of Sussex Meghan Markle and musician Myleene Klass.

The named defendants are almost all described as residents of the US who sold Ergobaby products using various Amazon seller account names. Ergobaby is enrolled in Amazon's Brand Registry system, which allows brand owners to register intellectual property, report violations, and have fraudulent listings taken down automatically – sometimes before they get published.

"At various times between May 5, 2021 and February 7, 2024, defendants established, controlled, and operated the nine selling accounts…through which they sought to advertise, market, offer, distribute, and sell counterfeit Ergobaby products," says the complaint, which suggests that they operating in concert with each other.

It continues to say that their "illegal actions have caused Amazon and Ergobaby to expend significant resources to investigate and combat defendants’ wrongdoing and to bring this lawsuit to prevent defendants from inflicting future harm to Amazon, Ergobaby, and their customers,"

They are accused of various crimes including trademark counterfeiting and infringement, false designation of origin and false advertising, breach of contract, and violation of the Washington Consumer Protection Act.

In 2023 alone, Amazon claims to have invested over $1.2bn and employed more than 15,000 people to protect its stores from counterfeits, fraud, and other forms of abuse.