Toms sues third-party Amazon storefront for trademark infringement

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Diving brief:

• Shoe company Toms filed an application a lawsuit against Bloom Trading Inc., accusing Amazon's third-party storefront of trademark infringement and unfair competition, according to court documents.
• Toms argued that Bloom Trading used Toms' trademarks to sell used, dirty, low-quality, potentially counterfeit and otherwise non-authentic products on Amazon, despite advertising these products as new and authentic TOMS products.
• Toms' lawyers said negative online customer reviews of Bloom Trading products damaged the shoe company's reputation.

Dive overview:

Like resale and e-commerce gaining popularitymore and more brands are cracking down on suspected counterfeit products.

Earlier this year, Chanel won a dispute against What Goes Around Comes Around for its use of the Chanel name and brands in luxury retailer advertisements. The case has been seen as a bellwether for the future of authentication and resale.

The new complaint filed by Toms also concerns the sale of alleged counterfeit and counterfeit products. Other fashion brands have tried to fight alleged dupe selling in court, including Christian Louboutin And Pradawhile others implement their own verification tools.

The case, filed last week in the U.S. District Court for the Central District of California, includes reviews from Amazon users discussing the alleged Toms dupe labeled with the Toms brand.

The company has a Verified Seller Program for quality control and to protect itself and consumers from these damages. This group includes both brick-and-mortar retailers and e-commerce retailers, according to the filing. Authorized sellers are also prohibited from selling Toms products to unauthorized sellers without the written consent of Toms.

Beyond Bloom Trading, the complaint was filed against Arsanious Youssef, listed CEO, CFO, secretary and agent of the company. It also lists up to 10 unknown defendants for allegedly selling Toms-branded items.

A spokesperson for Toms did not immediately respond to Fashion Dives' request for comment. Bloom Trading does not yet have an attorney listed in court documents and could not be contacted.

Toms has partnered with ThredUp in May 2023 to launch its own resale option. Through this partnership, customers can use the ThredUp platform to resell or recycle their Toms for store credit.

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