Disputes arising from global counterfeiting operations are a complex form of trademark infringement litigation. When counterfeit products bearing unauthorized marks move through multi-layered international supply chains and reach consumers via major e-commerce platforms, the evidentiary challenges mount. A lawsuit filed by Abercrombie & Fitch in 2024 illustrates the scope of this problem and the value of survey evidence in these disputes.
Abercrombie & Fitch: Brand Background and the Counterfeiting Discovery
Abercrombie & Fitch Trading Co. is an Ohio-based global manufacturer and retailer. In August of 2024, the company filed a lawsuit in the U.S. District Court for the Southern District of New York against multiple defendants it accused of counterfeiting its fragrances. The complaint alleges trademark infringement, counterfeiting, false designation of origin, and unfair competition, claiming that the company uncovered a vast counterfeiting operation originating in Hong Kong, with products distributed through eBay, Amazon, and a network of U.S.-based suppliers.
Supply Chains and a Multi-Jurisdictional Counterfeiting Network
Abercrombie filed a prior lawsuit but later revised it to uncover more of the supply chain. The new complaint details a multi-layered supply chain through which counterfeit Abercrombie & Fitch fragrances bearing unauthorized trademarks moved from the manufacturer to the end consumer. In one example set out in the complaint, an entity calling itself Abercrombie & Fitch Hong Kong Limited sold counterfeit perfumes to Adonis Beauty Limited, which then sold them to a Hong Kong-based company called Fame Ascent Trading. Fame Ascent Trading then sold the products to U.S.-based Questar and Modern Perfumes, and Questar subsequently sold the perfumes to FragranceNet and 24 additional distributors.
Abercrombie argued that culpability extends broadly and includes e-commerce platforms selling counterfeit products, U.S.-based suppliers, and source organizations in Hong Kong, Singapore, and Dubai.
Why Consumer Surveys Are Particularly Relevant in Trademark Counterfeiting Cases
Counterfeit cases are trademark infringement cases, and consumer survey research may appear as a form of evidence. The facts alleged in this matter suggest that the plaintiff might benefit from a likelihood of confusion survey, measuring whether the presence of unauthorized Abercrombie & Fitch trademarks on counterfeit fragrances creates confusion as to the source, sponsorship, or affiliation of those products.
IMS Legal Strategies provides expert litigation survey design and testimony for trademark infringement and counterfeiting matters, including likelihood of confusion surveys. Contact our team to discuss your litigation survey needs.
