7-Year German Amazon Seller Sues HP Over Counterfeit Product Claim

A German resident with an Amazon seller account is suing HP over its counterfeit and trademark infringement claim made in April 2023 that caused him to lose his online store, alleged the seller's complaint Thursday (docket 3:24-cv-03668) in U.S. District Court for Northern California in San Francisco.

Plaintiff Emek Ersoysal operated the Buyingshops Amazon seller account and has been selling products on Amazon.de for seven years, said the complaint. His store earned about $21,400 in February 2023 and about $24,000 the following month, the complaint said. HP made a counterfeiting claim on April 15, 2023, which resulted in the store’s closure, alleged the complaint.

Ersoysal bought HP-branded products from Anil Bilgisayar Kirtasiye Gida Turizm Ins., an authorized HP seller in Turkey, then listed them on Amazon.de “without altering the packaging or the HP trademarks,” the complaint alleged.

In May 2023, Ersoysal emailed HP’s agent as instructed by the company, providing the products’ Amazon Standard Identification Numbers (ASIN), plus a copy of the receipt, HP authorization and name of the supplier, HFZ Global in Germany, said the complaint. HP’s agent didn’t retract the infringement notice on May 9 of this year, it said.

The plaintiff’s attorney communicated with HP’s intellectual property agent to resolve the matter “amicably” on April 25 of this year; HP was never able to prove that Ersoysal sold inauthentic products as of June 11, 2024, alleged the complaint. The plaintiff contacted Amazon nine times between April 11 and June 6, 2023, but did not get “specific feedback or instructions,” the complaint alleged. His last attempt occurred this month via his attorney, it said.

HP received documents proving the products Ersoysal sold were authentic, but the company “consistently failed to retract trademark infringement on the listing,” the complaint said. Also, HP has never provided evidence proving that Buyingshops sold a counterfeit product, it said.

HP “tortiously caused” Amazon.de to terminate Ersoysal’s contract, and the seller has not been able to sell products on Amazon.de since the infringement notice was sent, the complaint said. The plaintiff suffered a loss of income due to HP’s actions, resulting in “serious financial issues” for him, it said. The “sudden halt” in income left him unable to pay loans and other payments, forcing him “to the brink of bankruptcy,” it said. The plaintiff had “considerable difficulty providing for his family due to the unjustified closing of his Amazon store,” it said.

The loss of income left Ersoysal with “serious psychological damage,” resulting from stress and anxiety associated with the “unjustified closure” of his Amazon store, alleged the complaint. He has suffered “social isolation from his peers and community,” plus a “deterioration in his family life,” it said.

Ersoysal seeks a declaratory judgment that he never sold counterfeit products nor infringed HP’s trademarks, the complaint said. He also claims tortious interference with contract, tortious interference with prospective business relations, negligent interference with prospective economic advantage and unfair business practice. He seeks treble damages, pre-judgment interest and attorneys’ costs and fees.