Board game publisher/distributor Asmodee and retail web giant Amazon have jointly filed suit against Samuel Katz, doing business as Crazy Leaf, and Gig Trading Inc. The lawsuit claims that they sold counterfeit versions of the two Dixit expansions Daydreams and Revelations. Dixit is Published by Libellud, who was acquired by Asmodee last year.
According to the filing:
“Amazon received customer complaints that the counterfeit game Dixit: Daydreams being sold by Defendants in the Amazon store was inferior to the authentic product, further demonstrating the negative impact on Plaintiffs’ reputations for quality with customers.
In one instance, a customer complained that the counterfeit game cards they purchased had ‘horrible, DULL artwork. T[h]ese are nothing like the original cards. Certainly nothing to daydream about.’
On December 16, 2019, Asmodee North America (ANA) conducted a test purchase from Selling Account Sam Katz/Crazy Leaf for a product advertised as Dixit: Daydreams Expansion. Defendants shipped to ANA a product that bore the Dixit Trademark and other indications of the Asmodee brand. ANA has examined the product and determined that it is counterfeit.
Based on ANA’s examination of the counterfeit product, it determined that the features of the counterfeit product depart significantly from the authentic product. First, the images displayed on the counterfeit version lack the vibrancy of the images displayed on the authentic version, indicating that the counterfeit images were reproduced from an unauthorized printer. Second, the formatting of the counterfeit version in terms of font and alignment differs from the authentic version. Third, in some instances, the color of the images displayed on the counterfeit version differs from the color of the images displayed on the authentic version.”
The lawsuit includes four claims for trademark infringement, two for False Designation of Origin and False Advertising, and Violation of Washington Consumer Protection Act
There have long been complaints about counterfeit products on Amazon, especially in the board game realm. Gamers have been wary about buying from Amazon because you might never know when you’ll get an authentic product or a fake one. This issue isn’t solely limited to tabletop gaming though. Amazon established a Counterfeit Crimes Unit last year to pursue cases of counterfeit products on thier website.
The court filings are available here:
Case: 2:21-cv-00850, United States District Court for the Western District of Washington
