Establishing Personal Jurisdiction Over Chinese Amazon Sellers: A Complete Guide to Protecting Your Brand from Counterfeit Products
- Alan Yomtobian
- Dec 9, 2025
- 20 min read
Updated: Dec 23, 2025
How to Sue Chinese Companies Selling Infringing Products on Amazon in New York and Other U.S. Courts
If you're a brand owner whose products are being copied, counterfeited, or infringed by Amazon sellers based in China or other foreign countries, you're not alone. Thousands of U.S. businesses face this challenge every day. The good news? U.S. courts have established clear pathways to assert personal jurisdiction over foreign Amazon sellers who infringe your intellectual property rights.
At Yomtobian Law, we specialize in brand protection, Amazon seller disputes, and intellectual property enforcement. Whether someone is selling counterfeit versions of your product on Amazon, copying your trademark, or infringing your patent or copyright, we can help you take swift legal action to protect your brand and recover damages.
Table of Contents
Understanding Personal Jurisdiction in Amazon Infringement Cases
Personal jurisdiction is the court's power to make decisions binding on a defendant. For brand owners dealing with foreign Amazon sellers selling infringing products, establishing personal jurisdiction is the critical first step in any lawsuit.
The Legal Standard: Minimum Contacts
To establish personal jurisdiction over a Chinese Amazon seller (or any foreign defendant), you must show:
Minimum Contacts: The defendant purposefully directed activities at residents of the forum state
Relatedness: Your claims arise from those contacts with the forum state
Reasonableness: Exercising jurisdiction comports with "fair play and substantial justice"
Why Amazon Sales Create Jurisdiction
When a Chinese company or foreign seller lists products on Amazon for sale to U.S. customers, they create the necessary contacts for U.S. courts to exercise jurisdiction. Here's why:
Interactive Platform: Amazon is a highly interactive e-commerce platform where sellers actively offer products to specific geographic markets
Purposeful Targeting: By configuring their Amazon storefront to ship to specific states (like New York, Illinois, California, etc.), sellers purposefully avail themselves of those markets
Stream of Commerce Plus: Sellers don't just place products into commerce—they actively target U.S. consumers through Amazon's marketplace
Transaction-Based Jurisdiction: Even accepting orders (without completed shipment) can establish jurisdiction
Landmark Cases: How Courts Have Ruled on Chinese Amazon Sellers
Multiple federal appellate courts have addressed personal jurisdiction over Chinese sellers and foreign infringers selling products on Amazon and other e-commerce platforms. These cases provide the roadmap for brand protection.
American Girl, LLC v. Zembrka (2d Cir. 2024)
Case Citation: American Girl, LLC v. Zembrka, No. 23-37, 2024 WL 1305748 (2d Cir. Mar. 27, 2024)
This landmark Second Circuit decision established that accepting online orders from New York customers through an interactive website is sufficient to establish personal jurisdiction in New York, even when goods are never actually shipped.
Key Facts:
American Girl sued Zembrka, a Chinese e-commerce company selling counterfeit American Girl dolls
American Girl's counsel purchased counterfeit merchandise through Zembrka's websites with New York shipping addresses
Zembrka later canceled the orders and refunded payments, arguing no business was transacted
The Ruling: The Second Circuit reversed the district court's dismissal, holding that:
Transaction, Not Shipment Required: New York's long-arm statute (C.P.L.R. § 302(a)(1)) requires a transaction, not a completed sale or shipment
What Constitutes "Transacting Business": Accepting orders with New York shipping addresses via websites, sending confirmatory emails with commitments to ship, and accepting payment from customers with New York addresses amounts to transacting business within New York
Interactive Website Equals Purposeful Availment: The website was "highly interactive" because New York customers could submit orders triggering confirmation emails
Strong State Interest: New York has an exceptionally strong interest in protecting consumers and businesses from counterfeit goods from abroad
Impact: This case makes it significantly easier to sue Chinese Amazon sellers in New York federal court. You don't need proof of completed shipments—just evidence that the seller accepted orders for New York delivery.
NBA Properties, Inc. v. HANWJH (7th Cir. 2022)
Case Citation: NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022)
The Seventh Circuit held that even a single sale through Amazon is sufficient to establish jurisdiction, and it doesn't matter whether the product was purchased by an investigator rather than an actual consumer.
Key Facts:
NBA Properties sued HANWJH, a China-based Amazon seller, for trademark infringement
An investigator purchased one pair of counterfeit basketball shorts to an Illinois address
HANWJH argued that operating a website alone and a single "sham" transaction cannot support jurisdiction
The Ruling: The Seventh Circuit affirmed jurisdiction, reasoning that:
Single Transaction Sufficient: One intentional sale to the forum establishes minimum contacts
Buyer's Motive Irrelevant: It doesn't matter that the purchase was made by an investigator rather than a regular consumer
Amazon Creates Capacity: By establishing an online store through Amazon, HANWJH "unequivocally asserted a willingness to ship goods to Illinois and established the capacity to do so"
Purposeful Conduct Focus: The focus is on the defendant's purposeful conduct in structuring their business to serve Illinois customers
Impact: This case is particularly powerful for brand owners conducting test purchases. Courts in the Seventh Circuit (covering Illinois, Indiana, and Wisconsin) will find jurisdiction based on a single investigative purchase.
Chloé v. Queen Bee of Beverly Hills, LLC (2d Cir. 2010)
Case Citation: Chloé v. Queen Bee of Beverly Hills, LLC, 616 F.3d 158 (2d Cir. 2010)
An earlier Second Circuit case that updated personal jurisdiction jurisprudence for the internet age, holding that one sale of counterfeit goods coupled with a highly interactive website constitutes purposeful availment.
Key Points:
The court found that defendants' "highly interactive" website offering bags to New York customers and sales of more than 50 bags to New York customers constituted purposeful availment
The nexus requirement "merely requires" a cause of action to "relate" to a defendant's minimum contacts with the forum
The sale of even one counterfeit item "was not insignificant, as it showed part of a larger business plan purposefully directed at New York consumers"
PetEdge, Inc. v. Fortress Secure Solutions, LLC (D. Mass.)
A Massachusetts district court found personal jurisdiction over a Washington-based Amazon seller because the seller "advertised and sold its accused products to residents of Massachusetts" through Amazon, creating sufficient minimum contacts.
Key Principle: Third-party platforms like Amazon don't insulate sellers from jurisdiction. If you sell to customers in a state through Amazon, you can be sued there.
What to Include in Your Complaint to Establish Personal Jurisdiction
When drafting a complaint against a Chinese Amazon seller or any foreign infringer, include detailed allegations demonstrating personal jurisdiction. Based on the case law above, here's what you should allege:
1. Interactive Platform Activity
Allege:
Defendant operates an Amazon storefront accessible to [Your State] residents
The Amazon storefront is "highly interactive," allowing customers to place orders, receive confirmations, and complete purchases
Defendant actively maintains product listings on Amazon targeted at U.S. consumers
Customers in [Your State] can directly place orders through the defendant's Amazon storefront
Why It Matters: Courts have consistently held that interactive websites (as opposed to passive informational sites) establish purposeful availment. Amazon's platform is the quintessential "highly interactive" website.
2. Purposeful Targeting of Your State
Allege:
Defendant selected Amazon as a sales channel knowing products would be available to customers in [Your State]
Defendant configured shipping options to include [Your State]
Products are marketed and advertised to residents of [Your State] through Amazon's platform
If using Fulfillment by Amazon (FBA), defendant utilizes Amazon fulfillment centers located in [Your State] (if applicable)
Defendant uses Amazon's algorithms and advertising tools to reach customers in [Your State]
Why It Matters: This shows the defendant didn't accidentally end up selling in your state—they deliberately targeted your state's market.
3. Actual Sales and Orders to Your State
Allege:
Specific number of sales to customers in [Your State] (obtain through discovery if not initially known)
Dollar amount of sales to [Your State]
Evidence of order confirmations sent to [Your State] addresses
Payment receipts from [Your State] customers
Evidence of products shipped to [Your State]
Test purchase conducted by your investigator (with proof of order, payment, and delivery)
Pro Tip: Conduct a test purchase before filing. Based on NBA Properties v. HANWJH, a single test purchase to your chosen forum establishes jurisdiction in the Seventh Circuit. Based on American Girl v. Zembrka, even if the seller cancels the order, the mere acceptance of your order may be sufficient in the Second Circuit.
4. Cause of Action Arising from State Contacts
Allege:
Your claims (trademark infringement, copyright infringement, patent infringement, counterfeiting, etc.) directly arise from defendant's sales activities in [Your State]
The infringing products were offered for sale to [Your State] residents
The harm to your brand reputation occurred in [Your State] or to [Your State] customers
Consumer confusion is occurring in [Your State]
5. Stream of Commerce Evidence
Allege:
Defendant intentionally placed products into the stream of commerce knowing they would reach [Your State]
Defendant benefits from [Your State]'s market and Amazon's infrastructure
Defendant's business model depends on reaching customers nationwide, including in [Your State]
6. Fair Play and Substantial Justice
Allege:
[Your State] has a strong interest in protecting intellectual property rights and consumers from counterfeit goods
Defendant could reasonably foresee being sued in [Your State] given their purposeful targeting of the market
The burden on defendant to litigate in [Your State] is minimal compared to the state's interest in protecting brands and consumers
Modern technology makes defending a lawsuit from overseas reasonable and fair
The Amazon Seller Infringement Problem: Why Chinese Sellers Dominate Counterfeit Sales
The Scale of the Problem
Amazon is the world's largest e-commerce platform, and unfortunately, it's also a major marketplace for counterfeit and infringing products. According to various reports:
The majority of third-party sellers on Amazon are based in China
Chinese sellers often operate under multiple storefronts and aliases
Many sellers use false addresses, making traditional service of process nearly impossible
Counterfeit sales on Amazon result in billions of dollars in losses for legitimate brand owners annually
Why Chinese Sellers Infringe
Low Barriers to Entry: Creating an Amazon seller account requires minimal verification, allowing bad actors to quickly set up shop
Anonymity: Sellers can hide behind business names, use virtual addresses, and operate under aliases
High Profit, Low Risk: Without aggressive enforcement, selling counterfeit products on Amazon is highly profitable with minimal risk of consequences
Manufacturing Access: China's manufacturing infrastructure makes it easy to produce copycat products quickly and cheaply
Types of Infringement on Amazon
Trademark Counterfeiting: Selling products with fake logos, brand names, or marks identical or confusingly similar to registered trademarks
Copyright Infringement: Copying product images, descriptions, packaging designs, or other creative content
Patent Infringement: Selling products that embody patented inventions or designs without authorization
Trade Dress Violations: Copying the distinctive appearance or packaging of products
Unauthorized Reselling: Selling genuine products in violation of distribution agreements or MAP policies
Schedule A Litigation: Mass Defendant Cases Against Chinese Amazon Sellers
What is Schedule A Litigation?
"Schedule A" cases are a specialized form of intellectual property litigation that has become increasingly common for enforcing rights against foreign Amazon sellers. In these cases, brand owners sue hundreds of defendants simultaneously, listing them in an exhibit called "Schedule A."
Why Schedule A Cases Are Effective
Efficiency: Instead of filing hundreds of individual lawsuits, brand owners can pursue all infringers in a single case
Cost-Effective: Significantly reduces legal fees compared to pursuing each infringer separately
Speed: Allows for quick ex parte relief (Temporary Restraining Orders) before defendants can hide assets
Asset Freezes: Courts grant orders freezing defendants' Amazon accounts and funds held by payment processors
The Northern District of Illinois: Hub for Schedule A Cases
The vast majority of Schedule A cases are filed in the Northern District of Illinois (Chicago). According to research:
Of 938 Schedule A cases filed in 2022, nearly 85% (794) were filed in the Northern District of Illinois
Judges in this district have been particularly receptive to granting ex parte Temporary Restraining Orders (TROs)
Some judges even provide templates for TROs and default judgments in Schedule A cases
Courts in this district award higher statutory damages than most other jurisdictions
How Schedule A Litigation Works
Step 1 - Complaint Filed Under Seal: Plaintiff files a complaint listing hundreds of defendants on Schedule A, often under seal to prevent defendants from hiding assets
Step 2 - Ex Parte TRO Motion: Plaintiff seeks an emergency Temporary Restraining Order without notifying defendants, arguing that notice would allow infringers to hide assets
Step 3 - Asset Restraints: If granted, the TRO freezes defendants' Amazon accounts, preventing withdrawals and halting sales
Step 4 - Service by Email/Publication: Courts often permit service via email or publication due to difficulties in serving Chinese defendants via the Hague Convention
Step 5 - Default Judgments: Most defendants never appear, resulting in default judgments with statutory damages of $100,000 or more per defendant
Step 6 - Settlement or Enforcement: Defendants who do appear typically settle; others face permanent account terminations and asset seizures
Criticisms of Schedule A Litigation
While Schedule A cases are powerful tools for brand protection, they have generated controversy:
Procedural Concerns: Critics argue these cases bypass normal procedural safeguards like proper service and jurisdictional challenges
Power Imbalance: Large brands with unlimited resources pursue small foreign sellers who often lack resources to defend themselves
Questionable Joinder: Some courts question whether hundreds of unrelated defendants should be joined in a single case
Settlement Pressure: Asset freezes create enormous pressure to settle even when defenses exist
Potential Abuse: Some cases involve questionable trademark claims or descriptive terms that shouldn't be protectable
Recent Developments
Courts are beginning to scrutinize Schedule A cases more carefully:
Some districts (Northern District of California) have questioned joinder and jurisdiction
Courts have awarded attorney's fees against plaintiffs who wrongfully obtained ex parte TROs
Law professors have filed amicus briefs urging reforms to prevent abuse
Despite these criticisms, Schedule A litigation remains a legitimate and effective tool for combating widespread counterfeiting and infringement on Amazon.
Practical Challenges and Solutions When Suing Chinese Amazon Sellers
Challenge #1: Service of Process
The Problem: Serving Chinese defendants via the Hague Convention is extremely difficult. The Chinese Central Authority often takes over six months and frequently fails to effectuate service. Many sellers use false addresses.
Solutions:
Alternative Service: Seek court permission for service via email, Amazon's messaging system, or publication in a newspaper
Early Asset Freezes: File for ex parte TROs that freeze assets before serving the complaint, preventing defendants from hiding funds
Work with Amazon: Amazon's Legal Department can sometimes facilitate communication with sellers
Challenge #2: Establishing Damages
The Problem: Calculating actual damages from counterfeit sales can be difficult when defendants don't cooperate with discovery.
Solutions:
Statutory Damages: Trademark counterfeiting allows statutory damages of $1,000 to $200,000 per mark per type of goods (15 U.S.C. § 1117(c))
Willful Infringement: For willful counterfeiting, courts can award up to $2,000,000 per mark
Discovery from Amazon: Subpoena Amazon for seller account information, sales data, and fund balances
Test Purchases: Conduct multiple test purchases to document ongoing infringement
Challenge #3: Enforcement and Collection
The Problem: Even with a favorable judgment, enforcing it against a Chinese company can be nearly impossible. Chinese courts rarely enforce U.S. judgments.
Solutions:
Amazon Account Freezes: The most effective remedy is freezing the defendant's Amazon seller account and U.S. bank accounts
Payment Processor Restraints: Obtain asset restraints against PayPal, Stripe, and other payment processors holding defendant's funds
Customs Seizures: Register your trademark with U.S. Customs and Border Protection to seize counterfeit goods at the border
Amazon Brand Registry: Enroll in Amazon's Brand Registry program for enhanced takedown tools
Challenge #4: Whack-A-Mole Problem
The Problem: After you shut down one seller, the same bad actor often creates new accounts under different names and continues selling.
Solutions:
Permanent Injunctions: Obtain broad injunctions that cover defendants' aliases, related entities, and future accounts
Amazon Neutral Patent Evaluation: For patent claims, use Amazon's APEX program to get neutral evaluation
Ongoing Monitoring: Use brand protection software to continuously monitor Amazon for new infringements
Relationship with Amazon: Build a relationship with Amazon's Brand Protection team for faster response
Challenge #5: Selecting the Right Forum
The Problem: Not all jurisdictions are equally favorable for brand owners pursuing foreign sellers.
Best Forums:
Northern District of Illinois: Most popular for Schedule A cases; judges grant ex parte relief readily
Southern District of New York: Second Circuit's American Girl precedent makes it easier to establish jurisdiction; strong IP docket
Central District of California: Large volume of IP cases; experienced judges
District of Massachusetts: Favorable precedent for personal jurisdiction over Amazon sellers
Forums to Consider Carefully:
Fifth Circuit Courts: Have taken narrower view of personal jurisdiction based on single test purchase
Districts with Limited IP Experience: May be less familiar with e-commerce jurisdiction issues
Frequently Asked Questions About Suing Chinese Amazon Sellers
Can I sue a Chinese company in a U.S. court?
Yes. If the Chinese company sells products to U.S. customers through Amazon or other platforms, U.S. courts can exercise personal jurisdiction over them. The key is showing that the Chinese seller purposefully directed their activities at the forum state (the state where you file suit).
Do I need to register my trademark before suing for infringement?
While you can bring a common law trademark infringement claim without registration, federal registration provides significant advantages:
Eligibility for statutory damages (up to $2,000,000 for willful counterfeiting)
Nationwide priority and exclusive rights
Ability to recover attorney's fees
Access to Amazon Brand Registry
Recordation with U.S. Customs for border seizures
Bottom line: Always register your trademark before enforcing it. Yomtobian Law can help with trademark registration as part of a comprehensive brand protection strategy.
What's the difference between trademark infringement and counterfeiting?
Trademark Infringement: Using a mark that is confusingly similar to your trademark, causing likelihood of consumer confusion
Counterfeiting: Using a mark that is identical or substantially indistinguishable from your registered trademark on the same type of goods
Why It Matters: Counterfeiting allows for:
Higher statutory damages (up to $2,000,000 per mark for willful violations)
Easier path to preliminary injunctions
Stronger presumptions in your favor
Potential criminal prosecution
How long does it take to shut down an infringing Amazon seller?
With Emergency Relief: 1-7 days for ex parte TRO freezing their Amazon account
Amazon Brand Registry Takedown: 1-3 days if you're enrolled in Brand Registry and submit a proper infringement report
Complete Lawsuit: 6-18 months for final judgment and permanent injunction
Pro Tip: The fastest results come from combining legal action (TRO) with Amazon's internal tools (Brand Registry, Test Buy program, APEX for patents).
How much does it cost to sue a Chinese Amazon seller?
Costs vary significantly based on case complexity:
Test Purchase and Demand Letter: $2,000 - $5,000
TRO and Preliminary Injunction: $10,000 - $25,000
Full Litigation to Default Judgment: $25,000 - $75,000
Contested Litigation: $100,000+
Schedule A Cases (Multiple Defendants): Often more cost-effective on a per-defendant basis; costs spread across multiple infringers
Contingency and Alternative Fee Arrangements: Some firms (including Yomtobian Law) offer contingency fees or hybrid arrangements for strong cases with asset recovery potential.
What damages can I recover?
Trademark Cases:
Actual damages (your lost profits or defendant's profits)
Statutory damages for counterfeiting: $1,000 to $2,000,000 per mark
Attorney's fees for exceptional cases
Costs of investigation and litigation
Copyright Cases:
Actual damages and profits
Statutory damages: $750 to $30,000 per work ($150,000 for willful infringement)
Attorney's fees for registered works
Patent Cases:
Actual damages (lost profits or reasonable royalty)
Enhanced damages up to 3x for willful infringement
Attorney's fees for exceptional cases
Can I recover money from frozen Amazon accounts?
Yes. This is often the most realistic source of recovery. When courts grant asset restraints, they freeze:
Amazon seller account balances
PayPal and other payment processor accounts
U.S. bank accounts (if discovered)
After obtaining a default judgment or settlement, these frozen funds can be applied toward your judgment.
What if the Chinese seller doesn't respond to the lawsuit?
This is the most common scenario. When a defendant fails to respond:
Entry of Default: After the answer deadline passes, you request entry of default
Default Judgment: You present evidence supporting your claims and damages
Asset Distribution: Frozen funds are distributed to satisfy the judgment
Permanent Injunction: Court enters permanent injunction preventing future sales
Important: Even without a response, you must still prove your case and damages to the court's satisfaction.
How do I know if a seller is based in China?
Indicators a seller may be based in China:
Seller name contains Chinese characters or Chinese-sounding names
Long shipping times (15-30 days)
Shipping originates from China according to tracking
Seller's "about" page or storefront references China
Product descriptions contain translation errors or unusual English
Very low prices compared to legitimate products
Large volume of product offerings across many categories
Discovery Tools: Once you file suit, you can subpoena Amazon for the seller's:
Verified identity and business registration
Bank account information
Shipping addresses
Sales history and data
Can I sue even if I haven't registered my copyright?
Yes, you can file a lawsuit for copyright infringement without registration, BUT you cannot:
Seek statutory damages
Recover attorney's fees
Obtain preliminary injunctions as easily
Strategy: File your copyright registration application as soon as you discover infringement, then file suit. Registration is typically approved within a few months, and once approved, your rights relate back to the filing date.
What is Amazon Brand Registry and do I need it?
Amazon Brand Registry is Amazon's program for protecting registered trademark owners. Benefits include:
Proactive Protections: Automated protections and machine learning-based tools to detect infringement
Report a Violation Tool: Easy-to-use tools to report infringement
Transparency Program: Unique codes on your products to verify authenticity
Powerful Search: Brand name appears first in search results
Enhanced Content: A+ Content and Stores for better product pages
Requirement: You must have a registered trademark (pending applications now qualify in some regions)
Yes, you need it: Brand Registry is essential for any brand selling on Amazon. Yomtobian Law can handle trademark registration and Brand Registry enrollment as part of a comprehensive protection strategy.
Should I file in the Northern District of Illinois?
The Northern District of Illinois is the most popular forum for Schedule A cases against foreign Amazon sellers because:
Advantages:
Judges experienced with these cases
Willingness to grant ex parte relief quickly
High statutory damages awards
Established procedures and templates
Fast resolution through defaults
Considerations:
May face criticism for forum shopping
Some defendants are beginning to challenge jurisdiction
You should have some connection to Illinois (sales, customers, operations) for strongest jurisdictional basis
Alternatives: Consider venues where:
Your company is headquartered
You have significant sales/customers
The defendant has made sales
Strong IP-friendly precedent exists (S.D.N.Y., C.D. Cal., D. Mass.)
How do I find out who is behind a fake Amazon storefront?
Pre-Lawsuit:
Review seller's public storefront information
Check "Ships from" location on product pages
Conduct test purchase and analyze shipping information
Search for seller name in trademark and business registries
Post-Lawsuit:
Subpoena Amazon for seller account information
Request expedited discovery for seller identity
Subpoena payment processors (PayPal, Stripe, etc.)
Use WHOIS lookups if seller operates their own website
Engage private investigators specializing in e-commerce fraud
Pro Tip: Courts allow you to sue "John Doe" defendants when identity is unknown, then conduct discovery to uncover true identities.
How Yomtobian Law Can Help Protect Your Brand on Amazon
At Yomtobian Law, we specialize in protecting brands from infringement, counterfeiting, and intellectual property theft on Amazon and other e-commerce platforms. We understand the unique challenges of pursuing foreign sellers, and we have the expertise to help you enforce your rights effectively.
Our Comprehensive Brand Protection Services
1. Trademark Registration and Portfolio Management
Strong brands start with strong trademark protection. We offer:
Comprehensive trademark clearance searches
U.S. and international trademark registration
Amazon Brand Registry enrollment
Trademark monitoring and enforcement
Portfolio strategy and management
2. Amazon Seller Dispute Resolution
Whether you're defending against false IP claims or pursuing infringers:
Defense against fraudulent IP complaints
Appeals and reinstatement after account suspension
Plans of Action (POAs) for Amazon Seller Central
Test Buy investigations
Cease and desist letters
DMCA takedown notices
Amazon Brand Registry enforcement
APEX program representation (patent disputes)
3. Litigation and Enforcement
When negotiations fail, we take aggressive legal action:
Federal trademark infringement litigation
Copyright and patent infringement cases
Temporary Restraining Orders (TROs) and preliminary injunctions
Schedule A mass defendant cases
Asset restraint and account freezes
Default judgments and enforcement
Appeals and post-judgment collection
4. Copyright and Patent Protection
Beyond trademarks, we protect all your intellectual property:
Copyright registration and enforcement
Patent prosecution and litigation
Design patent protection for product designs
Trade secret protection and NDA drafting
DMCA takedown services
5. Strategic Counseling
Prevent problems before they start:
IP audit and risk assessment
Brand protection strategy development
Product clearance and freedom-to-operate opinions
Distribution agreement review
MAP policy creation and enforcement
Anti-counterfeiting programs
Why Choose Yomtobian Law?
Deep Amazon Expertise: We exclusively focus on Amazon seller legal issues, giving us unparalleled knowledge of how Amazon works behind the scenes
Aggressive Enforcement: We don't just send cease and desist letters—we file TROs, freeze assets, and pursue judgments until your brand is protected
Practical Solutions: We understand that litigation is expensive. We offer creative solutions including contingency arrangements and hybrid fee structures for cases with strong asset recovery potential
Responsive Service: When your Amazon account is suspended or you discover infringement, time is critical. We respond quickly and act decisively
Proven Track Record: We've successfully represented brand owners in trademark, copyright, and patent disputes against Chinese Amazon sellers and other foreign infringers
Nationwide Practice: We represent clients across the United States and pursue cases in the most favorable forums including the Northern District of Illinois, Southern District of New York, and beyond
Our Process
Step 1 - Free Initial Consultation: We discuss your situation, review evidence of infringement, and explain your options
Step 2 - Investigation: We conduct test purchases, gather evidence, and investigate the seller's identity and assets
Step 3 - Strategy Development: We develop a customized strategy that may include cease and desist letters, Amazon's internal tools, or immediate litigation
Step 4 - Execution: We execute the strategy aggressively, whether that means filing emergency TROs, pursuing default judgments, or negotiating settlements
Step 5 - Long-Term Protection: We help you implement ongoing monitoring and protection to prevent future infringement
Schedule Your Free Consultation Today
If someone is selling counterfeit products or infringing your brand on Amazon, don't wait. Every day of infringing sales means:
Lost revenue for your business
Damage to your brand reputation
Confused customers receiving inferior products
Erosion of your market position
Contact Yomtobian Law today for a free consultation. We'll review your situation, explain your legal options, and help you develop a strategy to protect your brand.
Key Takeaways: Establishing Personal Jurisdiction Over Chinese Amazon Sellers
You Can Sue Chinese Amazon Sellers in U.S. Courts: Multiple federal circuits have held that selling to U.S. customers through Amazon creates sufficient minimum contacts for personal jurisdiction
A Single Sale May Be Enough: In the Seventh Circuit (NBA Properties), even one test purchase establishes jurisdiction. In the Second Circuit (American Girl), even accepting an order without shipping may suffice
Draft Your Complaint Carefully: Include detailed allegations about the defendant's Amazon storefront, purposeful targeting of your state, actual sales data, and how your claims arise from those contacts
Test Purchase Strategy: Conduct a test purchase to your chosen forum before filing to establish jurisdiction
Emergency Relief is Available: TROs and asset restraints can freeze defendant's Amazon accounts within days of filing
Northern District of Illinois is Most Popular: Chicago has become the hub for Schedule A cases due to favorable procedures and willingness to grant ex parte relief
Service of Process Challenges: Be prepared to seek alternative service via email or publication given difficulties with the Hague Convention
Asset Recovery Through Amazon: Frozen Amazon seller accounts and payment processor balances are often the most realistic source of recovery
Register Your IP First: Trademark and copyright registration provides statutory damages, attorney's fees, and stronger enforcement tools
Act Quickly: Infringers can hide assets, close accounts, and reopen under new names. Swift action is essential
Legal Citations and References
This article references the following key cases and authorities:
American Girl, LLC v. Zembrka, No. 23-37, 2024 WL 1305748 (2d Cir. Mar. 27, 2024) - Establishing that accepting orders for New York delivery constitutes transacting business in New York even without completed shipment
NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022) - Holding that single test purchase through Amazon establishes personal jurisdiction
Chloé v. Queen Bee of Beverly Hills, LLC, 616 F.3d 158 (2d Cir. 2010) - Interactive websites and purposeful availment in trademark counterfeiting cases
New York C.P.L.R. § 302(a)(1) - New York's long-arm statute for personal jurisdiction
15 U.S.C. § 1114 - Federal trademark infringement statute
15 U.S.C. § 1117(c) - Statutory damages for trademark counterfeiting ($1,000 to $2,000,000 per mark)
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters - International service of process treaty
Additional case law and authorities were consulted in preparing this article. For specific legal advice about your situation, please contact Yomtobian Law directly.
Disclaimer and Legal Notice
ATTORNEY ADVERTISING: This article is provided for informational purposes only and does not constitute legal advice. The information contained in this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Yomtobian Law.
Not Legal Advice: This article provides general information about personal jurisdiction in cases involving foreign Amazon sellers and intellectual property enforcement. It is not legal advice and should not be relied upon as such. Every case is unique and depends on specific facts and circumstances.
No Attorney-Client Relationship: Reading this article does not create an attorney-client relationship between you and Yomtobian Law. An attorney-client relationship is formed only through a written engagement agreement signed by both parties.
Consult an Attorney: If you believe your intellectual property rights are being infringed on Amazon or any other platform, you should consult with a qualified intellectual property attorney immediately. Yomtobian Law offers free initial consultations to discuss your specific situation.
Jurisdiction-Specific Information: Laws vary by jurisdiction and change over time. The cases and statutes referenced in this article reflect the law as of the date of publication but may have been modified, overruled, or superseded. Always consult with legal counsel admitted in your jurisdiction.
No Guarantee of Results: Past results do not guarantee future outcomes. Every case is different, and no attorney can guarantee specific results in any legal matter.
Time-Sensitive Information: Intellectual property enforcement often involves strict deadlines and time-sensitive issues. If you believe you need legal assistance, do not delay in contacting an attorney. Waiting can result in loss of rights or remedies.
Links and Third-Party Content: This article may contain links to third-party websites or resources. Yomtobian Law is not responsible for the content, accuracy, or availability of such third-party sites or resources.
Professional Licensing: Yomtobian Law is licensed to practice law in specific jurisdictions. Please contact us to confirm our ability to represent you in your particular matter and location.
Questions or Concerns: If you have questions about the information in this article or need legal assistance with brand protection, Amazon seller disputes, or intellectual property enforcement, please contact Yomtobian Law at www.yomtobianlaw.com for a free consultation.
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