Beats by Dre Goes After Chinese Counterfeiters With Multimillion-Dollar Lawsuit
Just over a month
after Apple's acquisition of Beats Electronics, the headphone maker made its
first major post-acquisition move by filing a lawsuit against Chinese
counterfeiters.
The lawsuit, filed
in the U.S. District Court for the Northern District of Illinois on July 9,
names as defendants "individuals and business entities who, upon
information and belief, reside in the People’s Republic of China or other
foreign jurisdictions."
"This action
has been filed by Beats to combat online counterfeiters who trade upon Beats’
reputation and goodwill by selling and/or offering for sale unlicensed and
counterfeit products featuring Beats’ trademarks," according to the
lawsuit. "The Defendants create the Defendant Internet Stores by the
hundreds or even thousands and design them to appear to be selling genuine
Beats products, while actually selling low-quality Counterfeit Beats Products
to unknowing consumers."
The lawsuit claims
that websites selling counterfeit Beats headphones earn up to $135 billion in
annual sales — a figure large enough to make pursuing even an elusive target
like Chinese counterfeiters worth the effort.
" Some of the Defendant
Internet Stores even go so far as to admit to selling counterfeit products,
explicitly stating that they are offering 'replica' or 'fake' Beats products
for sale," the lawsuit says.
The problem plaguing
Beats Electronics is very real, with some sites offering presumably fake
versions of the pricey headphones (which usually sell for as much as $300) for
a mere $5 each. Other sites openly advertise their Beats headphones as
"replicas," but still ask for prices in the $60 range.
Aside from the lawsuit's
legal aspects, the document filing reads like marketing material, and mentions
many of the big names associated with Beats, including LeBron James, Serena
Williams, Lady Gaga, Nicki Minaj and Justin Beiber.
As for what Beats
Electronics is hoping to get out of the suit, it is looking to capture all
profits from the infringing websites. Alternatively, the suit says the company
will also accept $2 million for every use of the Beats trademark and $100,000
for each infringing domain name.
However, within the
legal filing, Beats appears to acknowledge the limitations of its lawsuit
against the hard-to-pin-down Chinese counterfeiters.
"Tactics used by Defendants to conceal their identities and the full scope of their counterfeiting operation make it virtually impossible for Beats to learn Defendants’ true identities and the exact interworking of their massive counterfeit network," according to the lawsuit. "In the event that Defendants and/or third party service providers provide additional credible information regarding the identities of Defendants, Beats will take appropriate steps to amend the Complaint." Source: Mashable
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