Brilliant Accuses Amazon Merchant of Selling Its Goods Without OK
Third-party Amazon seller eMonkey advertises and sells products bearing the Brilliant trademark but “is not now, nor was it ever,” an authorized reseller, alleged smart home startup Brilliant Home Technology in a complaint (in Pacer, case no. cv-10650) Monday in…
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U.S District Court in Boston. The Brilliant goods that eMonkey is selling are “materially different” from new Brilliant gear offered through authorized channels with full one-year warranties, and “in large part” are “used or liquidated products,” it said. EMonkey also procured inventory of Brilliant products by “knowingly, and wrongfully, inducing” authorized resellers to transship it the goods for sale on Amazon, said the complaint, thus committing “tortious interference” with Brilliant’s legally contracted retail accounts, it said. EMonkey “has undertaken these wrongful acts willfully and with full knowledge of its wrongdoing,” it said. EMonkey couldn't be reached Tuesday for comment. Brilliant didn’t respond to questions about whether it will pursue actions against authorized resellers found to be transshipping goods to eMonkey in violation of their retail agreements.