On 6 March 2021, Stichting Namaakbestrijding React, also known internationally as the Anti-Counterfeiting Network (“React Foundation”), summoned Contextlogic B.V. and Contextlogic Inc. (“Contextlogic”) to appear in court. React Foundation had initiated a class action (Article 3:305a Dutch Civil Code), representing the interests of rights holders against counterfeiting. Contextlogic manages the e-commerce platform Wish.com, which facilitates transactions between sellers and buyers.
React Foundation claims Contextlogic has infringed the intellectual property rights of its members, by advertising counterfeit goods on its Wish platform. Prior to the writ of summons, React Foundation had requested Contextlogic to provide personal data of the fraudulent advertisers. While Contextlogic responded by providing a list of details about advertisers, React Foundation found that this list had not been adequately verified and could not lead to identification of the advertisers. Particularly because 12 out of 13 infringers were located in China, additional information was needed to identify them.
In their writ of summons, React Foundation requested Contextlogic to provide payment information of the fraudulent advertisers as well as ID information from the infringers located in China. React Foundation argues that the current notice-and-takedown procedure is unsuccessful in keeping infringing content offline and that they therefore have a pressing interest in receiving identifying information.
Contextlogic was to appear before the Amsterdam District Court on 25 March 2021.