Nintendo and Amazon Seek $7 Million Default Judgment in Counterfeit Goods Lawsuit

Nintendo and Amazon have intensified their joint legal action against the sale of counterfeit Nintendo products on Amazon, seeking a $7 million default judgment in a lawsuit originally filed in October 2023.

The legal case targets third-party sellers accused of selling fake Nintendo merchandise, including counterfeit amiibo figures and game cartridges—products that not only violate Nintendo's intellectual property but also threaten the integrity of the Nintendo Switch, eShop, and other official platforms. Earlier this week, attorneys representing Nintendo and Amazon submitted court documents in the United States, requesting a default judgment after the defendants failed to respond to summonses.

According to judicial records, approximately $2 million in unauthorized Nintendo items were sold by these sellers.

Nintendo's legal team argues that each of the 27 known infringements on registered Nintendo trademarks could result in statutory damages ranging from $27,000 up to $54 million total.

The $7 million in damages requested represents a tripling of the estimated total sales of counterfeit items, a figure described in court documents as “conservative, reasonable, and consistent with awards seen in this district.” Nintendo is known within the gaming industry for taking a rigorous stance against intellectual property violations.

Its willingness to pursue legal action reflects the company's broader commitment to protecting its brand reputation among Nintendo Switch and eShop users, as well as preserving the quality and safety of official amiibo and game cartridges.

Amazon, as a leading global marketplace, has partnered with Nintendo in these efforts to maintain consumer trust and ensure the authenticity of products available through its platforms. The prevalence of fake amiibo cards, unauthorized Nintendo collectibles, and knock-off game accessories is a recurring problem for both companies, with previous enforcement actions undertaken in various regions to deter similar activity.

Nintendo’s consistent defense of its trademarks has become a hallmark of its legal philosophy—a stance that has often served as a warning to other would-be infringers.

In the 1990s, for example, Nintendo famously destroyed thousands of counterfeit goods to set a precedent for future cases. As complexities around digital marketplaces continue to evolve, this case stands out as a significant example of how platform holders and retailers can collaborate to address the sale of illegal products.

The outcome of this lawsuit will likely influence future enforcement efforts around counterfeit gaming hardware and software, affecting both consumers and legitimate sellers across platforms like Nintendo Switch, Nintendo Direct, and the eShop. For ongoing coverage on Nintendo’s legal developments, industry trends, and updates on the Nintendo Switch and related platforms, stay tuned to our site.

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