Nintendo and Amazon Secure $7 Million Judgment Against Fake Amiibo Sellers: Crackdown on Counterfeit Goods

Nintendo and Amazon have escalated their efforts to combat counterfeit merchandise by winning a significant legal case against third-party sellers of fake amiibo and Nintendo DS cartridges on the Amazon marketplace.

In October 2023, Nintendo and Amazon initiated joint legal action targeting illegal sellers who had been distributing counterfeit Nintendo products, including amiibo cards and game cartridges, while falsely representing these items as genuine.

The sellers involved failed to respond to the legal proceedings, prompting both companies to request a court judgment exceeding $7 million in statutory damages—a request recently made official in court filings. According to court documents, Nintendo and Amazon described the $7 million penalty as a “conservative amount” relative to the defendant’s actions and the estimated losses suffered.

Nintendo’s legal team emphasized that the objective of this judgment is not only to penalize the current perpetrators but also to deter other unauthorized sellers from misusing the Nintendo brand in the future.

The case, which involves claims of trademark infringement, false advertising, breach of contract, and violations of the Washington Consumer Protection Act, marks one of the largest and most high-profile counterfeit cases involving amiibo on the Amazon platform. The counterfeit sellers, who had agreed by contract not to sell unlicensed or fake products through Amazon’s third-party seller program, went on to violate these terms.

Amazon aided Nintendo in the investigation, providing genuine samples of the infringing goods for inspection.

Products identified in the investigation included knock-off The Legend of Zelda and Animal Crossing amiibo cards, posters, and counterfeit Nintendo DS cartridges.

Nintendo confirmed the authenticity of the fakes and uncovered additional listings from other associated seller accounts.

All identified counterfeit items were subsequently removed from the e-commerce platform. In a formal complaint, Nintendo’s legal representation clarified, “Nintendo employs both internal and external resources to identify and remove counterfeit and infringing products.

Our collaboration with Amazon and a dedicated brand protection service enables us to enhance detection and swiftly remove unauthorized product listings that violate Nintendo’s intellectual property rights.” Amazon has disabled all accounts tied to the counterfeit operation, taking decisive steps to uphold marketplace integrity and protect consumers.

The legal victory underscores the importance that companies like Nintendo and Amazon place on consumer trust and product authenticity, especially as the value and collectibility of items like amiibo remain high among Nintendo fans and collectors. This joint legal crackdown sends a clear message to third-party sellers about the consequences of violating intellectual property and consumer protection laws in the digital marketplace.

For Nintendo, known for its prolific portfolio ranging from the Nintendo Switch console to its successful amiibo lineup, safeguarding brand reputation and customer confidence continues to be a top priority. Source: Polygon

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