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ARTICLE · 31 DECEMBER 2021

Maglula Beats Amazon In Counterfeit Claims

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In a David versus Goliath-like case, Israel-based Maglula achieved something no other company has: a court ruling that its case against Amazon was a "straightforward counterfeit case."

United StatesIntellectual Property
Jeffrey Berkowitz
Jeffrey Berkowitz
David K. Mroz
David K. Mroz
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In a David versus Goliath-like case, Israel-based Maglula achieved something no other company has: a court ruling that its case against Amazon was a "straightforward counterfeit case." That's precisely how U.S. District Court Judge Liam O'Grady ruled in an order denying Amazon's motion to try to end nearly all Maglula's case against Amazon for the sale of counterfeit goods. After Amazon mounted a considerable defense of its business model, Judge O'Grady reviewed the evidence countering Amazon's claims that aspects of the lawsuit should not go to a jury trial and he determined not only that the evidence showed "Chinese manufacturers did their best to create copies, or 'knockoffs,' of Maglula products, packaging, markings, and literature," but also that "Amazon proceeded to sell these products online as genuine Maglula products." Moreover, Judge O'Grady found from the evidence opposing Amazon's motion that "Maglula notified Amazon on multiple occasions, to no avail,

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