Amazon reseller Surge Supply sues WEEM over counterfeit reports on resold Hair.Skin.Nails supplements

The complaint

Surge Supply LLC v. WEEM LLC, No. 1:26-cv-04665 (D. Md.), is a 22-page complaint filed November 10, 2026, with a jury demand. The case is assigned to Judge Adam B. Abelson. Surge is a Maryland limited liability company based in Frederick, Maryland, and the complaint says it has resold goods through an Amazon storefront called "Houdini" since 2023. WEEM is a California limited liability company based in Los Angeles, California, and the complaint says it sells vitamin supplements, including Hair.Skin.Nails.

The Amazon reports

The complaint alleges that beginning around March 11, 2026, Surge bought WEEM's Hair.Skin.Nails supplements from the WEEM storefront through Shopify and other marketplaces, and that the Houdini storefront sold roughly $51,162.60 of the product between March 11 and August 18, 2026. It alleges that Amazon notified Surge on August 18 and August 24, 2026 that WEEM had reported the product as counterfeit, and that Amazon deactivated Surge's storefront on September 18, 2026. Surge alleges that it resold only genuine WEEM goods, and it alleges, on information and belief, that WEEM knew its reports were false and made them in bad faith, and that WEEM seeks to increase its profits by controlling the distribution and pricing of its goods through unlawful means. The complaint says Surge asked WEEM to retract its Amazon complaint on no less than seven occasions between August 18 and August 20, 2026, and was ignored.

Counts and relief

Surge pleads seven counts against WEEM: declaratory judgment of non-infringement of trademark; violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); tortious interference with contractual and business relations; commercial defamation; trade libel; false and misleading representation and unfair competition under 15 U.S.C. § 1125; and common law unfair competition. The prayer asks for an order declaring that Surge has not infringed any valid and enforceable intellectual property right owned by WEEM and is allowed to sell WEEM product under the first sale doctrine, damages on its false representation and unfair competition, tortious interference, commercial defamation, and trade libel claims, damages and attorney's fees for the Lanham Act violation, and costs and attorney's fees. The complaint also requests exemplary damages and says the case is exceptional and warrants fees under 15 U.S.C. § 1117(a).