New York Times best-selling author David Goggins is suing Amazon.com Inc. for allegedly selling knockoff versions of his self-help book, “Can’t Hurt Me: Master Your Mind and Defy the Odds.”
Amazon allowed the sale of counterfeit versions of his self-published book on its platform, leading to negative reviews and lost revenue, according to a complaint filed in the US District Court for the Western District of Washington. The former US Navy Seal’s book gained notoriety after publication in 2018 and an endorsement by comedian Joe Rogan, but inauthentic versions began appearing on Amazon in June 2019 which included poor print quality, missing pages, and wrong dimensions, according to the complaint.
Amazon began limiting sales of his book to only authorized sellers after Goggins posted a message to his millions of Instagram followers in October, blasting Amazon for allowing the sale of “bootleg” copies of his book, Goggins said in his complaint.
“Amazon could have prevented the listing, sale, and distribution of bootlegs at any time,” the complaint says. “Only after Goggins’ post exposed Amazon to public scrutiny did it decide to. But the harm was already done.”
Goggins’ suit joins other recent litigation against Amazon over alleged third-party counterfeits. Last year, a Chicago federal judge blocked Amazon from selling merchandise infringing pop star Harry Styles’ trademarks.
Goggins is asserting claims for tortious interference, unjust enrichment, and federal statutory claims of false advertising, contributory copyright infringement, and vicarious copyright infringement. He is seeking damages, disgorgement of profits, and an order that Amazon “destroy all unauthorized bootleg copies” of his books, according to his complaint.
Magistrate Judge Michelle L. Peterson is assigned to the case.
Amazon didn’t return a request for comment.
Harrigan Leyh Farmer & Thomsen LLP represents Goggins.
The case is Goggins v. Amazon.com Inc, W.D. Wash., 2:24-cv-00257, complaint 2/23/24.
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