PopSockets suits take aim at alleged knock-offs sold on Amazon

DENVER — PopSockets LLC is suing a pair of Amazon sellers for allegedly marketing knock-off products that infringe on trademarks owned by the Boulder firm.

The suits were filed by the mobile-device grip maker earlier this month in U.S. District Court in Denver against the operators of Amazon e-storefronts The Savings Center and Crystal Deals.

The suits name New York residents Jacob Gancfried, Rachel Gancfried and Eli Friedman as defendants. 

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“While online marketplaces have created a great deal of opportunity, they also greatly challenge a brand owner’s ability to control the quality and safety of its products,” according to the suit. “For example, consumers who purchase products through the online marketplaces cannot touch, inspect, or interact with the product before purchasing it and cannot select a different product if the one they initially select is damaged or has been tampered with. Instead, consumers must trust that the product they choose over the Internet will arrive and be of the quality they expect and typically receive from the manufacturer”

When consumers buy a product stamped with a PopSockets trademark that does not meet their quality expectations, it damages the firm’s brand, the complaint said. 

“Indeed, there is an ‘epidemic’ of counterfeit products being sold on the online marketplaces that diverters are exploiting because they know consumers trust these marketplaces and think that the products they are buying through these marketplaces are genuine,” PopSocket’s attorneys allege.

Court documents filed by the firm include dozens of examples of negative product reviews left by customers who have purchased unauthorized PopSockets.

“Defendants have sold products through their Amazon storefront that are of poor quality, improperly packaged, and missing components,” according to the complaint.

PopSockets sent a cease-and-desist letter to Friedman and his company YEF Trading Inc. in September, court documents show. “PopSockets communicated with Friedman over email and phone calls. Friedman ultimately refused to cease selling products bearing the PopSockets trademarks.”

The suit claims Friedman’s e-store has sold more than $100,000 worth of products since July. 

The Gancfrieds, who are thought to be mother and son, were sent cease-and-desist letters in April and May. PopSockets lawyers claim they’ve sold products worth more than $400,000 since August 2018.   

PopSockets’ lawsuits demand unspecified damages and ask the court to prohibit the defendants from continuing to sell trademarked products.  

The company has filed similar suits in the past, including earlier this year, when PopSockets sued the operator of Amazon e-store TexasDeals2. That case is ongoing, and a discovery hearing is set for next month.