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December 16, 2021 by Mark Leave a Comment

News Isn’t the Only Fake Thing on Social Media

Selling products on Amazon can be a very profitable enterprise and many influencers successfully sell their products online using Amazon as a platform. While it’s possible to make a lot of money using Amazon, some social media influencers recently got into hot water. They were allegedly selling counterfeit products through Amazon using their social media platforms including Instagram, TikTok, and Facebook.

According to Amazon, Kelly Fitzpatrick and Kelly-Krejci took part in a scheme where they promoted what they called “dupes,” where a product is meant to look similar to a designer item without infringing on trademarks or copyrights. But in this case, the products were actually designer knock-offs sold by third-party Amazon sellers who concealed them in product listings.

Basically, Fitzpatrick and Kelly-Krejci utilized a complex social media posting system to work around Amazon’s anti-counterfeiting protections. They would post two photos side-by-side: one of a no-name product and another of a luxury counterfeit product. They promised that, if users ordered the generic-looking product on Amazon, they would actually receive the counterfeit luxury product instead.

Not cool.

Amazon has now settled the lawsuit but Kelly Fitzpatrick and Kelly-Krejci paid a heavy price. Not only are they completely banned from selling goods on Amazon’s marketplace, they are not allowed to link to, promote, market, or advertise for any products already sold on Amazon. That will cause some downturn in the revenue stream.

Moral of the story? Don’t be a crook.

Disclaimer – Yes, I’m a lawyer, but I’m not your lawyer. All information in this post is provided for educational purposes only and should not be considered legal advice for any specific person or specific situation.

Remember – Be Smart. Be Legal

Filed Under: Business, Copyright, Trademarks

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