Nintendo, Amazon seek big damages in fake amiibo suit

Nintendo and Amazon are seeking millions of dollars in damages from sellers on the online marketplace who are accused of selling counterfeit amiibo figurines and cards that link to console games.

The lawsuit in a Washington court dates back to late 2023 and was prompted by the recognition that the amiibo platform – one of the pioneers in the 'toys-to-life' category when it was introduced in 2014 – was being widely counterfeited. The toys use near-field communication (NFC) to interact with supported video game software and can unlock new features for users.

It claims that the defendants sold at least $2.3m worth of counterfeit amiibo products on Amazon, and that the two plaintiffs have proven their claim of trademark counterfeiting and infringement, false designation of origin, and violation of the Washington Consumer Protection Act.

They are seeking around $7m in statutory damages, the vast majority of which (about $6.3m) is sought from defendant Zhou Rong, linked to the Chengdahuo selling accounts on Amazon, with another $700,000 claimed from fellow defendant Chen Jing and around $50,000 in joint damages.

"Defendants' wilful infringements have harmed and continue to harm plaintiffs' business, reputation, and goodwill such that plaintiffs cannot be made whole by a monetary award," according to the lawsuit.

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