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Fortnite Maker Epic Games Sues Alleged Online Counterfeiters

Oct. 28, 2019, 8:05 PM

Epic Games Inc. has accused foreign entities of selling fake Fortnite products on Amazon.com Inc. and other websites, in a lawsuit filed in Illinois federal district court.

The defendants, who reside in China and other foreign countries, allegedly designed their online stores to trick consumers into thinking they are authorized to sell Fortnite products. Many of the stores accept payment in U.S. dollars and display logos of payment providers that are often associated with authorized retailers, Epic alleged.

“Defendant Internet Stores often include images and design elements that make it very difficult for consumers to distinguish such counterfeit sites from an authorized website,” Epic said in a complaint filed Oct. 28 in the U.S. District Court for the Northern District of Illinois.

Epic also said the defendants are displaying FORTNITE trademarks on their websites so they’ll end up in search engine results, and using fake names and addresses to operate their online stores..

Causes of Action: Trademark infringement, counterfeiting, and false designation of origin under the Lanham Act; violation of the Illinois Uniform Deceptive Trade Practices Act.

Relief: Injunctive relief; statutory damages; a court order requiring Amazon and other online platforms to stop providing services to defendants.

Response: The unidentified defendants couldn’t be reached for comment.

Attorneys: JiangIP LLC is representing Epic.

The case is Epic Games Inc. v. Partnerships & Unincorporated Ass’ns Identified on Schedule ‘A’, N.D. Ill., No. 1:19-cv-07066, complaint filed 10/28/19.

To contact the reporter on this story: Alexis Kramer in Washington at akramer@bloomberglaw.com

To contact the editors responsible for this story: Rebecca Baker at rbaker@bloomberglaw.com; Keith Perine at kperine@bloomberglaw.com

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