In arguably one of the most unexpected lawsuits related to trademark infringement in the fashion industry, a Chinese seller of knockoff Marc Jacobs handbags has sued the designer for its role in shutting down its Amazon sales.
The suit was filed in United States District Court for the Southern District of New York by Guangzhou Xiao Ling Wan Trading Co., which owns and operates an Amazon store called Lingwanus. Lingwanus sells a variety of handbags, including some nearly identical to Marc Jacobs’ popular “The Tote Bag.”
In October, Marc Jacobs filed a complaint with Amazon about the Lingwanus bags, which resulted in the removal of three handbag variations from the site. Guangzhou Xiao’s suit claims those “fraudulent assertions of trademark infringement” damaged its business relationship with Amazon.
In the suit, Guangzhou Xiao said Marc Jacobs is relying on two intent-to-use trademark applications for “The Tote Bag,” which the Chinese company asserts the fashion giant “would get a strong genericness refusal from the U.S. Patent and Trademark Office.”
Guangzhou Xiao goes on to say that Marc Jacobs is taking advantage of Amazon’s anti-counterfeit operation, which is “heavily weighted in favor of trademark owners.” Amazon has made a concerted effort over the past few years to remove fraudulent products from its site, with its Counterfeit Crimes Unit (CCU). The CCU disposed of more than 6 million counterfeit products in 2022 and scored a victory this year after working with luxury brands such as Prada to apprehend a counterfeiter who ultimately pled guilty and was convicted in China for crimes related to the sale of fake luxury goods. A bust coordinated with Chinese officials last year recovered Puma and Hugo Poss counterfeits.
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Guangzhou Xiao argued that it sold its bags under the “Fancy Forest” brand on its Amazon page and made it clear to customers that the totes were not made by Marc Jacobs. But Guangzhou Xiao’s bags have a nearly identical shape and logo to those produced by Marc Jacobs. The copycat bags were sold for around $55-$65 on Amazon, while the Marc Jacobs version retails for $195-$450. The Tote Bag has become incredibly popular after going viral on TikTok.
The lawsuit states that Guangzhou Xiao seeks monetary damages as well as preliminary and permanent injunctive relief, which would require Marc Jacobs to withdraw its trademark infringement complaint with Amazon.
A representative from Marc Jacobs has not responded to a request for comment.