KLARQUIST NEWS
Two Klarquist Wins for Client Amazon
Klarquist Secures Win for Client Amazon in Likeness Case
Klarquist helped Amazon.com. Inc. win dismissal of a suit claiming that a video advertising Amazon Prime Day and featuring Megan Pete (professionally known as Megan Thee Stallion) misappropriated the plaintiff’s likeness and intentionally inflicted emotional distress. The suit, entitled Johnson v. Amazon.com, Inc. and Megan Pete, Case No. 2:24-cv-01070-JNW (W.D. Wash.), was dismissed with prejudice on March 27, 2025. In the dismissal order, the district court concluded that Ms. Johnson’s complaint failed to state a claim that the Amazon Prime Day advertisement used her likeness because the few characteristics that the complaint alleged were used in the advertisement were not distinct to her. The court also held that the complaint failed to state a claim for intentional infliction of emotional distress. Given that the plaintiff had already amended her complaint twice and any further amendment would be futile, the court dismissed the suit with prejudice.
Klarquist Win for Client Amazon in Trademark Suit
Klarquist represented Amazon.com, Inc. in obtaining dismissal of a trademark suit entitled Pure Earth Botanic, LLC v. Amazon.com, Inc. et al., Case No. 1:23-cv-0787 (N.D. Ga.). Pure Earth had sued Amazon, other online retailers, Google, and nutritional supplement sellers for alleged infringement of Pure Earth’s alleged trademark Ketomelt (and design) used on supplement products. The district court dismissed one complaint because it was a forbidden “shotgun pleading,” allowed Pure Earth to amend, and then dismissed with prejudice the amended complaint for the same reason.
Klarquist attorney Chris Carraway represented Amazon in both cases.