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In Plain English: Epic Takes On Counterfeiters

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Here’s a quick tip on counterfeiting merchandise from one of the most litigious companies in the gaming industry: Don’t.

Epic Games is back in court, because the company refuses to let its lawyers have an easy week. This time around, the company isn’t going after Fortnite cheat distributors. On April 25, 2019, Epic filed suit in the Northern District of Illinois for the sale of products in connection with the registered trademark of Fortnite. The lawsuit contends that the defendants are going to great lengths to hide the extent of their operations and are selling inferior quality products designed to look like authorized merchandise.

Who are the defendants? Good question. Epic lists them as individuals and businesses residing in China and other foreign jurisdictions.

Epic seeks relief on charges of counterfeiting and trademark infringement, false designation of origin, violation of the Illinois Uniform Deceptive Trade Practices Act, and has demanded an enjoinment from using the Fortnite brand, passing off counterfeit products as genuine, that all profits gained through the counterfeiting operation be handed to Epic or that statutory damages of $2 million USD for each use of the Fortnite trademark be awarded. They also seek reasonable attorney fees and any further damages the court might award.

Epic’s attorneys are meeting with the court today (April 30) to discuss a motion for temporary transfer of defendant’s domain names, temporary asset restraint (freezing assets), expedited discovery, service of process by email, among other motions.

MMO Fallout could not ascertain the identities of the defendants, as those documents have been sealed by the court, possibly to prevent potential defendants from transferring assets in anticipation of a restraint. Similarly, there are no exhibits of such merchandise available at this time for potentially the same reason.

As always, the court dockets have been provided at our expense to you, the reader, at the Google Drive linked below.

Source: Google Drive


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