PLAINTIFFS ORIGINAL COMPLAINT

mukiialice64
Complaint
February 19, 2024

Your Full Name

Your Full Address

City, ST ZIP Code

Phone | Fax

Email

 

Appearing in pro per on behalf of Plaintiff

 

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF OREGON

 

Plaintiff’s name,

Plaintiff,

vs.

Sun Jiaxian d/b/a dongguanshi jiaxianwangluokejiyouxiangongsi,

Defendant

 Case No.: Number

PLAINTIFF’S ORIGINAL COMPLAINT

 

 

 

NOW COMES [Your Business Name], Plaintiff, and files this Complaint against Sun Jiaxian d/b/a dongguanshi jiaxianwangluokejiyouxiangongsi, Defendant, and for cause would show this Honorable Court as follows:

 

  1. PARTIES
  2. Plaintiff [Your Business Name] is a lawful business registered in the State of Texas that produces different types of children’s toys.
  3. Defendant Sun Jiaxian d/b/a dongguanshi jiaxianwangluokejiyouxiangongsi is registered in the People’s Republic of China to Plaintiff’s knowledge.

 

  1. JURISDICTION AND VENUE
  2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
  3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims asserted herein occurred in this state.

 

  1. STATEMENT OF FACTS
  2. Plaintiff conducts its business on the Amazon website and app where it sells its products.
  3. Defendant copied Plaintiff’s design for the product, LEIFIDE 12 Pcs 5.5 Inch Baby Shower Clear Bottles Favor Green Candy Baby Bottles Mini Glass Baby Bottles for Baby Shower Favors Party Gift Decoration.
  4. When Plaintiff realized that Defendant had copied its design, it filed a DMCA notice with Amazon.
  5. Amazon removed Defendant’s false designs and Defendant filed a counter-notice.
  6. Amazon reinstated Defendant’s false designs, and they are now available on the Amazon website and app.
  7. Defendant’s false designs have misled many people to purchase designs copied from Plaintiff.
  8. As a result of Defendant’s actions, Plaintiff has lost, and continues to lose revenue.

 

  1. CAUSES OF ACTION

Count 1: Trademark Infringement

  1. Plaintiff hereby incorporates by reference all foregoing paragraphs of this Complaint as though set out in full herein.
  2. Plaintiff owns a valid trademark in the design for the product, LEIFIDE 12 Pcs 5.5 Inch Baby Shower Clear Bottles Favor Green Candy Baby Bottles Mini Glass Baby Bottles for Baby Shower Favors Party Gift Decoration.
  3. Defendant has copied Plaintiff’s design and is selling the copied design on Amazon.com, Inc.’s website and app.
  4. Defendant’s use of Plaintiff’s design is likely to cause confusion among consumers as to the source of Defendant’s products, and is therefore trademark infringement.
  5. To establish trademark infringement, Plaintiff must prove that: (1) Defendant used a mark in commerce; (2) the mark is likely to cause confusion, mistake, or deception; and (3) Plaintiff owns the mark.
  6. Defendant has used Plaintiff’s design in commerce by selling products bearing the design on Amazon.com, Inc.’s website and app.
  7. Defendant’s use of the design is likely to cause confusion among consumers as to the source of Defendant’s products.
  8. The likelihood of confusion is a question of fact that is determined by considering the following factors: (1) the similarity of the marks; (2) the similarity of the goods or services; (3) the strength of the mark; (4) the proximity of the goods or services; (5) the likelihood that consumers will purchase the defendant’s goods or services believing that they are the plaintiff’s; and (6) any other relevant factors.
  9. In this case, the marks are similar. Both Plaintiff’s design and Defendant’s design are for baby shower favor bottles. The goods or services are also similar. Both Plaintiff and Defendant sell baby shower favor bottles. Plaintiff’s mark is strong. It has been used in commerce for several years and has acquired secondary meaning. The goods or services are also sold in the same geographic market. Consumers are likely to purchase Defendant’s goods or services believing that they are Plaintiff’s.
  10. Based on the above factors, it is likely that consumers will be confused as to the source of Defendant’s products.
  11. Plaintiff owns the mark. Plaintiff has registered the mark with the United States Patent and Trademark Office.

 

  1. PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for judgment against Defendant as follows:

  1. A declaration that Defendant has infringed Plaintiff’s trademark;
  2. An order enjoining Defendant from further infringing Plaintiff’s trademark;
  • An award of damages in an amount to be determined at trial;
  1. An award of Plaintiff’s costs and attorneys’ fees; and
  2. Such other and further relief as the Court deems just and equitable.

 

Dated this ____ day of May, 2023.

 

 

Respectfully Submitted,

 

 

 

___________________________________

[Your Full Name]

Appearing in pro per on behalf of Plaintiff

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