ecobee, Inc. v. Autarchy et al. (19-cv-11494) and Game Over Electronics et al. (19-cv-11491).

Ecobee filed suit against another set of Amazon sellers, accusing each of reselling ecobee products and using ecobee trademarks without authorization. As with its previous complaints, ecobee asserts that the defendants improperly acquire ecobee goods from authorized resellers who are contractually prohibited from selling to unauthorized sellers, and that the sales by defendants, which come without warranty and are not subject to the same quality controls as that of authorized sellers, render their offerings materially different than ecobee’s products as to render the use of the ecobee marks inappropriate. These are the latest in a series of such suits filed by ecobee in the District of Massachusetts