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It’s not new, Epson alleges

November 18, 2020

Epson America has filed a complaint against A V Toy Store alleging that Epson products sold as new, are in fact refurbished.

The lawsuit was filed by Epson America (Epson) on Friday 13th November in the United States District Court for the southern district of Florida Fort Lauderdale Division.

Epson alleges that A V Toy Store advertises and sells various Epson products on the Internet as “new” and Epson asserts that the products are not new but are used products that have been refurbished.

Epson alleges they have suffered “reputational harm” as a result of Toy Store’s conduct and this has led to a loss of sales and irreparable injury to Epson.

Epson seeks preliminary and permanent injunctive relief and monetary damages for Defendant’s false advertising and unfair competition, under the Lanham Act, 15 U.S.C. § 1125(a), as well as unfair and deceptive business practices under Florida law, arising from Defendant’s false advertisement of Epson products through its own website, as well as via online commerce sites including but not limited to www.avtoystores.com, Amazon.com, Walmart.com, and Newegg.com.

In February 2020, Epson completed a test buy of Epson products advertised as new, but Epson alleges were not new.

In May 2020, Epson contacted AV Toy Store regarding its sale of refurbished Epson Products as new and alleges that AV Toy Store has continued to offer for sale and sell refurbished Epson Products as new.

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