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COOK COUNTY RECORD

Tuesday, November 5, 2024

FCA US LLC accuses E-commerce Entities of Trademark Infringement

Federal Court
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Jeremy C. Daniel, Judge at USDC Northern District Illinois | https://upload.wikimedia.org/wikipedia/

A major automotive corporation has launched a legal battle against numerous e-commerce entities accused of selling counterfeit products bearing its trademarks. On September 25, 2024, FCA US LLC filed a complaint in the United States District Court for the Northern District of Illinois against various partnerships and unincorporated associations identified on Schedule A of the filing. The lawsuit accuses these defendants of infringing upon FCA's federally registered trademarks by selling unauthorized automotive accessories online.

The plaintiff, FCA US LLC, is a prominent player in the global automotive industry and a subsidiary of Stellantis N.V., formed after a merger between Peugeot S.A. and Fiat Chrysler Automobiles N.V. in January 2021. FCA claims that its trademarks are among the most recognized in the automotive sector, associated with brands like Chrysler, Dodge, Jeep, and more. These trademarks are not only registered but have also achieved incontestable status under U.S. law due to their longstanding use and reputation for quality.

According to the complaint, defendants have been operating e-commerce stores using aliases to sell counterfeit products to unsuspecting consumers across the United States, including Illinois residents. These stores allegedly mimic authorized retailers through sophisticated marketing strategies while concealing their true identities. The defendants are accused of using false information during registration on platforms such as Amazon, eBay, AliExpress, and others to evade detection and accountability.

FCA argues that this counterfeiting operation harms its brand reputation by causing consumer confusion and diluting its trademark value. The company seeks both injunctive relief to stop further sales of counterfeit goods and monetary damages for lost profits due to trademark infringement. Specifically, FCA requests statutory damages up to $2 million per trademark violation if willful counterfeiting is proven.

Representing FCA US LLC in this case are attorneys Amy C. Ziegler, Justin R. Gaudio, Kahlia R. Halpern, and Berel Y. Lakovitsky from Greer Burns & Crain Ltd., based in Chicago. The case is presided over by judges from the Northern District of Illinois under Case No: 1:24-cv-08894.

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