Mattel wins $1.45m over 'Thomas the Tank Engine' counterfeits
Mattel has prevailed in its lawsuit with Chinese vendors selling counterfeit “Thomas the Tank Engine” toys on e-commerce sites Alibaba and AliExpress, scoring a $1.45 million default judgment.
The order, issued on Tuesday, February 22, took magistrate judge Sarah Cave’s recommendation to grant a motion for default judgment in the case, securing the monetary award plus post-judgment interest and a permanent injunction for Mattel.
The US toymaker sued several online vendors on the Alibaba and AliExpress platforms in March 2021, accusing them of trademark infringement through their sale of counterfeit toys based on the British TV show “Thomas & Friends”.
Mattel referred to the brand as one of its “most popular and successful brands”, claiming that it has generated approximately $1 billion in retail sales for the company.
“Thomas & Friends Products have become targets for unscrupulous individuals and entities who wish to capitalise on the goodwill, reputation and fame that plaintiff has amassed in its Thomas & Friends Products,” Mattel said.
New York law firm Epstein Drangel identified several storefronts on the Alibaba and AliExpress platforms that sold both similar “anthropomorphic train” toys, or direct counterfeits adopting the “Thomas & Friends” branding.
It sought a ruling of trademark counterfeiting, trademark infringement, copyright infringement and unfair competition.
Cave’s motion for default judgment was filed on January 31, 2021, recommending that the court grant Mattel a judgment in favour of the trademark and copyright claims, the $1.45 million reward, and injunctive relief.
‘Notorious market’
This judgment follows the recent move by the US Trade Representative to include the Alibaba storefront in its annual “notorious markets list”.
In the report, the USTR claimed that Alibaba and Chinese tech giant Tencent “facilitate substantial trademark counterfeiting”.
According to the report, brand owners had noticed a significant increase in the number of counterfeit products being sold on the storefront despite “having some of the best anti-counterfeiting processes and systems in the e-commerce industry”.
Other Chinese online marketplaces including Baidu Wangpan, DHGate, Pinduoduo, and Taobao were also featured on the list.
