Amended Complaint Adds More ‘Particularity’ to Goods Amazon Infringes

Annie Oakley Enterprises and its owner, Renee Gabet, seek leave to file a second amended complaint that doesn’t add any trademark infringement claims against Amazon but “identifies infringing products with greater particularity,” said their motion Monday (docket 1:22-cv-02246) in U.S. District Court for Southern Indiana in Indianapolis. The plaintiffs allege of all the businesses they contacted for infringing their trademarks, “Amazon alone has consistently failed to take prompt action to cease its infringing activity” (see 2212050052). Granting the plaintiffs leave to file their second amended complaint “will overcome numerous objections Amazon has made to discovery on the grounds that the discovery is not directed toward products ‘in the operative complaint,’” said the motion. The plaintiffs believe “these objections are frivolous,” it said, but it’s more efficient to amend the complaint “than to bother the court with motions to compel over the scope of infringing products.” The proposed second amended complaint “so limits the ‘accused products’ and should significantly reduce the need for the parties to seek guidance from the Court about the scope of discovery,” it said.