Amazon, Brother win landmark counterfeiting case in EU

A legal judgment in Germany against an organised counterfeiting ring has awarded "substantial" damages in a suit brought jointly by Amazon and Brother.

The Berlin Regional Court ruled in favour of Amazon and Brother in the landmark counterfeit case, finding that 18 defendants were part of an organised counterfeiting network that attempted to sell fake toner cartridges to unsuspecting customers.

The court awarded €500,000 in damages to Brother and confirmed the company's right to additional damages, while also upholding Amazon's contractual damage claims. In a statement, Amazon said it is the first judgment in a civil lawsuit filed jointly with a brand owner against counterfeiters in Europe.

"Counterfeiting is one of the oldest crimes in history, and we're tackling it with our cutting-edge proactive tools and technology," said Kebharu Smith, head of Amazon's Counterfeit Crimes Unit (CCU), in a statement.

"In the current Brother case, once we identified the issue, we acted quickly to protect customers by removing counterfeit listings, blocking relevant selling accounts, proactively notifying and refunding affected customers, and worked closely with Brother and law enforcement to hold these bad actors accountable," he added.

The court's decision included ordering the destruction of infringing goods and requiring the defendants to disclose information on the source of the counterfeit products and sales data. It also found that all 18 defendants were jointly liable as an organised counterfeiting network.

"Protecting our customers and partners from counterfeit products is a top priority for Brother," said the company's managing director in Germany, Matthias Kohlstrung.

"Counterfeit goods not only undermine trust but can damage devices, compromise print quality, and pose risks to the environment due to non-compliant materials and improper disposal," he added. "This ruling sends a clear message that we will take decisive action against organised counterfeit networks."

The case revealed that the defendants had purchased empty original Brother toner cartridges and refilled them with inauthentic toner powder.

The counterfeiters attempted to evade detection by adding fake holographic security labels to mimic authentic Brother cartridge packaging. These counterfeit products, often made with unregulated and non-compliant substances, can damage printers, pose health risks to customers, and contribute to environmental harm through improper disposal and toxic materials.