Chen. v. Amazon.com Inc.

MEMORANDUM & ORDER Plaintiff Weitao Chen, a trademark attorney proceeding pro se, sued Amazon.com, Inc. for defamation, alleging that Amazon sent emails to Chen’s clients stating that Chen was “associated with…abusive / risky conduct in the past.” He goes on to allege that Amazon told those clients they had to terminate him as a condition of entry into Amazon’s brand registry. Chen now moves for a preliminary injunction forbidding Amazon from sending such emails to Chen’s clients and potential clients and ordering Amazon to announce that it has been so enjoined. For the reasons set out below, that motion is denied. I. Background The following recitation is taken from Chen’s Amended Complaint and the parties’ submissions in connection with Chen’s motion. Given that the motion is predicated on Amazon’s written communications, it can be resolved on the basis of the paper record. See Md. Cas. Co. v. Realty Advisory Bd. on Lab. Rels., 107 F.3d 979, 984 (2d Cir. 1997) (preliminary injunction motion that turned on interpretation of written document can be decided on the papers without an evidentiary hearing). The Amazon Brand Registry (“ABR”) is an online service that allows applicants to register intellectual property with the company. Am. Compl. 24, ECF No. 4. Registrants gain access to tools that report suspected trademark infringement, and they may notify Amazon of infringement and request removal of infringing and counterfeit goods from Amazon’s stores. See id.; see also Declaration of Saloni Arora (“Arora Decl.”) 3, ECF No. 18-1. In considering applications for inclusion in ABR, Amazon conducts some investigation to verify ownership and registration of intellectual property rights, such as a trademark, with the U.S. Patent and Trademark Office. Am. Compl. 25. As part of Amazon’s “verification process,” a digital code is sent to the “Attorney of Record” associated with each applicant’s trademark registration at the USPTO; the attorney of record must provide the code to the applicant, who must submit it back to Amazon. Id. 26. Plaintiff Chen is an attorney at Chen Law Firm, PLLC (“Chen Law”) who “routinely practices before” the USPTO. Id.