Brilliant Home Technology, Inc. v. Amazon Seller “eMonkey” (D. Mass. 21-cv-10650).

Brilliant Home Technology makes and sells smart home lighting and music control products under the BRILLIANT mark, which it registered in 2019. Brilliant sells its products through a network of authorized resellers. Brilliant asserts that eMonkey, an Amazon seller, improperly obtains Brilliant products and sells them on-line in a fashion that infringes the BRILLIANT mark. Brilliant says that the products sold by eMonkey are materially different than those sold by authorized resellers because its limited warranty does not apply to such unauthorized sales. Brilliant also says that at least some of the eMonkey sales involved liquidated or used products that cannot qualify as “new.” Brilliant points to a number of negative Amazon reviews of alleged Brilliant products sold by eMonkey to suggest actual confusion and harm to Brilliant’s reputation. Brilliant asserts trademark infringement and false advertising, as well as tortious interference with business relations relating to its assertion that eMonkey was obtaining products from authorized resellers in violation of the resellers’ agreements with Brilliant.