Clothing and accessories retailer American Eagle Outfitters has initiated legal action against Amazon over trademark infringement.
American Eagle accuses the e-commerce giant of intentionally infringing its “Aerie” and “Offline by Aerie” trademarks by deliberately directing customers to copycat merchandise.
The lawsuit was filed in a Manhattan federal court after American Eagle denied Amazon’s request to sell Aerie items on its platform.
American Eagle intends the Aerie brand to establish its own distinct identity, with brand ambassadors such as Olympic gymnast Aly Raisman and singer Kelsea Ballerini.
The clothing retailer had warned Amazon on 9 August 2024 to cease redirecting shoppers to imitation products – a warning Amazon then attempted to circumvent by using misspelled versions of the brand name in sponsored ads.
The complaint reads: “AEO protects its brands and cannot allow bad actors like Amazon to confuse and deceive consumers” by steering them towards substandard imitations, “piggyback[ing] off the goodwill, success and popularity of the Aerie marks.”
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By GlobalDataAmerican Eagle is seeking a tripling of its actual damages, punitive damages and a stop to further infringements.
Aerie was launched in 2006 and offers women’s apparel products including undergarments, active apparel, accessories and sleepwear.
The brand accounted for 32% of the company’s $2.43bn in net revenue in the six months ending 3 August 2024.
In 2020, American Eagle launched the Offline by Aerie, which offers similar products.
Amazon also faces a proposed class action lawsuit for allegedly monopolising the retail market for audiobooks in June 2024.