Vacuum maker SharkNinja sued Amazon Resellers “Tech & Beyond,” “eCloseouts,” and “wackyjacky,” all from Lakewood NJ, in connection with their unauthorized sale of SharkNinja products. As with the majority of these types of cases, SharkNinja sells through a network of authorized resellers, and the defendants are not so authorized. SharkNinja says that each of the defendants took orders for certain SharkNinja products but then delivered different, less expensive models designed for international, rather than domestic, markets. Such international models may not have been certified under the applicable safety regulations in the United States, making them materially different than US-bound models. SharkNinja pointed to on-line reviews complaining about the receipt of the wrong model as evidence of the harm to its brand. SharkNinja asserts that the defendants infringe its federally-registered SHARK, SHARK IQ ROBOT, and NINJA marks, and also brings a count for violation of c. 93A.
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