Epson Sues Amazon Seller for 'Deceptively Inflating' Projector Brightness Ratings

Amazon Marketplace seller AuKing Direct is “purposefully and deceptively inflating the brightness specification of its projectors,” alleges competitor Epson in a Tuesday fraud complaint (docket 1:23-cv-11367) in U.S. District Court for Massachusetts in Boston.

AuKing’s “purposeful inflation of the brightness specification of its projectors has caused significant confusion in the marketplace,” said the complaint. Epson tested the brightness of several AuKing MF-8 projectors and each tested “significantly below” advertised brightness value, said the complaint. Epson said its testing showed a brightness value of less than 1% of the claimed lumens in each of the AuKing MF-8 projectors that it tested.

Consumers who bought AuKing’s projectors have been “misled and deceived” by AuKing’s false product labeling, descriptions and advertisements, the complaint said. Customers who buy AuKing’s projectors receive products with “drastically lower performance outputs,” and the false labeling, descriptions and ads are “damaging to Epson” and the consuming public, it said. The complaint shows a listing from AuKing’s own website, aukingdirect.com, showing an upgraded 1080p Mini projector with a lumens rating of 7500. The same $89 projector model at Amazon showed a 9500 lumens rating, alleges the complaint.

Epson is informed that AuKing’s “wrongful conduct has resulted in increased sales and market share of AuKing’s projectors while hindering the sales and market share of Epson’s projectors and damaging Epson’s goodwill,” the complaint said. Epson has sustained and will continue to sustain “irreparable damages” unless AuKing’s conduct is enjoined, it said.

Epson is claiming false advertising and unfair competition violations under the Lanham Act. It seeks temporary, preliminary and permanent injunctive relief prohibiting AuKing and its agents from engaging in false or misleading advertising about its projectors.

Relief includes removal of all AuKing products from online commerce sites such as Amazon.com and retail stores until AuKing corrects its “false or misleading advertisements.” Epson also seeks exemplary and punitive damages, attorneys’ fees and legal costs and pre- and post-judgment interest. Also Tuesday, Epson filed a report against AuKing Direct with the U.S. Patent and Trademark Office for an action related to trademark 3,092,025. AuKing couldn’t be reached for comment.