Case: 1:24-cv-01548 Document #: 1 Filed: 02/23/24 Page 1 of 28 PageID #:1

IN THE UNITED STATES DISTRICT COURT

BLUE SPRING PARTNERS, LLC,

Plaintiff,

v.

THE INDIVIDUALS, CORPORATIONS, Case No.: 24-cv-01548

Defendants.

COMPLAINT

Plaintiff Blue Spring Partners (“Plaintiff”), hereby alleges as follows against the

individuals, corporations, limited liability companies, partnerships, and unincorporated

associations and foreign entities identified on Schedule A attached hereto (collectively,

“Defendants”):

INTRODUCTION

1. This action has been filed by Plaintiff to combat online counterfeiters who

trade upon Plaintiff’s reputation and goodwill by selling and/or offering for sale products

in connection with Plaintiff’s FIN FUN trademarks, which are covered by U.S.

Trademark Registration Nos. 4,913,258 and 4,949,791 (the “FIN FUN Trademarks”);

FIN FUN patents, which are covered by at least U.S. Patent Registration Nos.

D9,162,110 B1 and D979,694 S (the “FIN FUN Patents”); and copyrights, which are

covered by at least U.S. Copyright Office Registration Nos. VAu 1-267-344, VAu 1-320-

470, VA 2-034-595, VA 2-034-569, VA 2-165-671, VA 2-174-603, VA 2-174-604, VA

2-156-990, VA 2-034-596, VAu 1-297-712, VA 2-120-230, VA 2-203-914, VA 2-078-

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689, VAu 1-354-331, VAu 1-375-826, VA 2-034-589, VA 2-078-690, VA 2-203-910,

VAu 1-422-233, VA 2-158-718, VA 2-078-693, VAu 1-362-491, VA 2-203-918, VA 1-

361-372, VA 2-095-344, VAu 1-395-674, VA 2-156-991, VA 2-154-671, VAu 1-267-

341, VA 2-078-695, VA 2-034-586, VA 2-165-670, VA 2-203-912, VA 2-203-569, VAu

1-422-235, VA 2-203-908, VAu 1-414-473, VA 2-034-584, VAu 1-267-327, VAu 1-

267-329, VA 2-165-646, VA 2-034-579, VA 2-034-580, VAu 1-328-899, VAu 1-387-

110, VAu 1-311-801, VAu 1-328-896, VAu 1-415-191, VA 2-095-300, VA 2-034-602,

VA 2-078-696, VA 2-034-594, VAu 1-297-714, VA 2-034-576, and VA 2-095-296 (the

“FIN FUN Copyright Registrations”). The FIN FUN Trademarks, FIN FUN Patents, and

the FIN FUN Copyright Registrations, which cover Plaintiff’s artwork and designs for

mermaid tails and fins, are valid, subsisting, and in full force and effect. True and correct

copies of the federal trademark registration certificates for the FIN FUN Trademarks and

FIN FUN Patents are attached hereto as Exhibit 1. True and correct copies of the federal

copyright registration certificates for the FIN FUN Copyright Registrations are attached

hereto as Exhibit 2. The Defendants likewise advertise, market and/or sell their

unauthorized and illegal products embodying Plaintiff’s copyrights and/or patents by

reference to the same name and design as the Plaintiff’s genuine products and/or by

reference to an identical or substantially identical name and mark as the FIN FUN

Trademarks, which causes further confusion and deception in the marketplace.

2. The Defendants create numerous fully interactive commercial internet

stores operating under the Defendant Domain Names and/or the Online Marketplace

Accounts identified in Schedule A attached hereto (collectively, the “Defendant Internet

Stores”). The Defendants design the Defendant Internet Stores to appear to be selling

genuine Plaintiff products, while selling inferior imitations of Plaintiff’s products. The

Defendant Internet Stores share unique identifiers, such as design elements and similarities

of the counterfeit products offered for sale, establishing a logical relationship between them

and suggesting that Defendants’ illegal operations arise out of the same transaction,

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occurrence, or series of transactions or occurrences. Defendants attempt to avoid liability

by going to great lengths to conceal both their identities and the full scope and interworking

of their illegal counterfeiting operation. Plaintiff is forced to file this action to combat

Defendants’ counterfeiting of the FIN FUN Trademarks, FIN FUN Patents, and Plaintiff’s

copyrights, as well as to protect unknowing consumers from purchasing unauthorized FIN

FUN products over the Internet. Plaintiff has been and continues to be irreparably damaged

through consumer confusion, dilution, and tarnishment of its valuable trademarks and

copyrights and goodwill as a result of Defendants’ actions and seeks injunctive and

monetary relief.

3. This Court has personal jurisdiction over each Defendant, in that each

Defendant conducts significant business in Illinois and in this Judicial District, and the

acts and events giving rise to this lawsuit of which each Defendant stands accused were

undertaken in Illinois and in this Judicial District. In addition, each Defendant has offered

to sell and ship infringing products into this Judicial District.

JURISDICTION AND VENUE

4. This Court has original subject matter jurisdiction over the patent

infringement claim arising under the patent laws of the United States pursuant to 35

U.S.C. § 1 et seq., 28 U.S.C. § 1338(a), and 28 U.S.C. § 1331.

5. This Court has original subject matter jurisdiction over the trademark

infringement and false designation of origin claims in this action pursuant to provisions

of the Lanham Act, 15 U.S.C. § 1051 et seq., 28 U.S.C. § 1338(a)–(b), and 28 U.S.C. §

1331.

6. This Court has original subject matter jurisdiction over the copyright

claim pursuant to the Copyright Laws of the United States, 17 U.S.C. § 101 et seq., 28

U.S.C. § 1338(a)–(b), and 28 U.S.C. § 1331.

7. This Court has jurisdiction over the unfair deceptive trade practices claim

in this action that arise under the laws of the State of Illinois pursuant to 28 U.S.C. §

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1367(a) because the state law claims are so related to the federal claims that they form

part of the same case or controversy and derive from a common nucleus of operative

facts.

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, and this Court

may properly exercise personal jurisdiction over Defendants, because each of the

Defendants directly targets consumers in the United States, including Illinois, through at

least Defendant Internet Stores. Specifically, Defendants are reaching out to do business

with Illinois residents by operating one or more commercial, interactive Internet Stores

through which Illinois residents can purchase unauthorized and illegal products

embodying Plaintiff’s trademarks and copyrights, that are marketed by reference to the

same names and marks Plaintiff’s genuine FIN FUN products are marketed, one name

and mark being for example, “Fin Fun”. Each of the Defendants has targeted sales from

Illinois residents by operating online stores that offer shipping to the United States,

including Illinois, accept payment in U.S. dollars, and, on information and belief, has

sold unauthorized and illegal products embodying Plaintiff’s federally registered

trademarks and copyrights to residents of Illinois. Each of the Defendants is committing

tortious acts in Illinois, is engaging in interstate commerce, and has wrongfully caused

Plaintiff substantial injury in the State of Illinois. Venue is proper in this Court pursuant

to 28 U.S.C. §§ 1391(b)(2) and 1400(a) because Defendants have committed acts of

copyright infringement, patent infringement, and/or trademark infringement in this

judicial district, do substantial business in the judicial district, have registered agents in

this judicial district, and reside or may be found in this district.

THE PLAINTIFF

9. Plaintiff Blue Spring Partners, LLC t/as Fin Fun (“Plaintiff”) is a limited

liability company organized under the laws of Idaho with offices in Idaho Falls, ID and

is the owner of the FIN FUN Trademarks and FIN FUN Copyright Registrations, with

its federal registrations attached as Exhibits 1 and 2.

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10. Plaintiff is the owner and lawful assignee of all right, title, and interest in

and to the FINFUN Patents, attached as Exhibit 1:

U.S. Patent Claim Issue Date

Number

D9,162,110 October 20,

D979,694 S February 28,

2023

11. In September 2010, Plaintiff designed, caused to subsist in material form

and first published the original FIN FUN product, originally published on eBay and

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instantly attracted substantial international media attention and success. Shortly after, in

early 2012, Plaintiff began selling the FIN FUN products on its website

https://www.finfunmermaid.com/, and by 2014, FIN FUN products were also available

for purchase on Amazon. In November 2016, Plaintiff began applying for the

registrations of the now federally registered FIN FUN Copyright Registrations in respect

of the copyrights embodied by the many FIN FUN products (the “FIN FUN Products”).

The effective date of the first FIN FUN Copyright Registration is November 2, 2016.

Exemplary copies of the FIN FUN Products were deposited with the United States

Copyright Office and remain available for inspection there.

of genuine FIN FUN products in the United States, which include the following:

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13. Since at least 2015, the FIN FUN Trademarks are and have been the

subject of substantial and continuous marketing and promotion by Plaintiff. Plaintiff has

and continues to widely market and promote the FIN FUN Trademarks in the industry

and to consumers. Plaintiff’s promotional efforts include—by way of example but not

limitation—substantial print media, the FIN FUN Products’ website and social media

sites, and point of sale materials.

14. The FIN FUN Trademarks are distinctive and identify the merchandise as

goods from Plaintiff. The FIN FUN Trademarks are valid and subsisting and in full force

and effect, and constitute conclusive evidence of Plaintiff’s exclusive right to use the FIN

FUN Trademarks throughout the United States pursuant to 15 U.S.C. § 1057(b).

15. The FIN FUN Trademarks each qualify as a famous mark, as that term is

used in 15 U.S.C. §1125 (c)(1), and have been continuously used and never abandoned.

16. Plaintiff has expended substantial time, money, and other resources in

developing, advertising, and otherwise promoting the FIN FUN Products. As a result,

products bearing the name and mark “FIN FUN” are widely recognized and exclusively

associated by consumers, the public, and the trade as being products sourced from

Plaintiff.

17. Plaintiff also owns all exclusive rights, including without limitation, the

rights to reproduce the copyrighted works in copies, to prepare derivative works based

upon the copyrighted works, and to distribute copies of the copyrighted works to the

public by sale or other transfer of ownership, or by rental, lease, or lending, in various

copyrights for the FIN FUN Products as the owner of the FIN FUN copyrights, including

without limitation copyrights covered by the FIN FUN Copyright Registrations, as set

out above.

THE DEFENDANTS

18. Defendants are individuals and business entities who, upon information

and belief, reside mainly in the People’s Republic of China or other foreign jurisdictions.

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Defendants conduct business throughout the United States, including within Illinois and

in this Judicial District, through the operation of the fully interactive commercial

websites and online marketplaces operating under the Defendant Internet Stores. Each

Defendant targets the United States, including Illinois, and has offered to sell and, on

information and belief, has sold and continues to sell counterfeit FIN FUN products to

consumers within the United States, including Illinois and in this Judicial District.

THE DEFENDANTS’ UNLAWFUL CONDUCT

19. The success of the FIN FUN brand has resulted in its counterfeiting.

Plaintiff has identified numerous domain names linked to fully interactive websites and

marketplace listings on platforms such as Alibaba.com, AliExpress.com, Amazon.com,

DHgate.com, eBay.com, Etsy.com, Walmart.com and Wish.com, including the

Defendant Internet Stores, which were offering for sale, selling, and importing

counterfeit FIN FUN products to consumers in this Judicial District and throughout the

United States. Defendants have persisted in creating the Defendant Internet Stores.

Internet websites like the Defendant Internet Stores are estimated to receive tens of

millions of visits per year and to generate over $135 billion in annual online sales.

According to an intellectual property rights seizures statistics report issued by the United

States Department of Homeland Security, the manufacturer’s suggested retail price of

goods seized by the U.S. government in fiscal year 2020 was over $1.3 billion. Internet

websites like the Defendant Internet Stores are also estimated to contribute to tens of

thousands of lost jobs for legitimate businesses and broader economic damages such as

lost tax revenue every year.

20. On personal knowledge and belief, Defendants facilitate sales by

designing the Defendant Internet Stores so that they appear to unknowing consumers to

be authorized online retailers, outlet stores, or wholesalers selling genuine FIN FUN

products. Many of the Defendant Internet Stores look sophisticated and accept payment

in U.S. dollars via credit cards, Western Union, and PayPal. Defendant Internet Stores

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often include images and design elements that make it very difficult for consumers to

distinguish such counterfeit sites from an authorized website. Defendants further

perpetuate the illusion of legitimacy by offering “live 24/7” customer service and using

indicia of authenticity and security that consumers have come to associate with

authorized retailers, including the McAfee® Security, VeriSign®, Visa®, MasterCard®,

and PayPal® logos.

21. Plaintiff has the exclusive right to use the FIN FUN Trademarks in

interstate commerce, and Plaintiff’s use has been exclusive since it first adopted the FIN

FUN Trademarks, with the exception of unauthorized uses such as by Defendants as

described in this Complaint. Plaintiff is the official source of FIN FUN Products in the

United States, and Plaintiff has not licensed or authorized Defendants to use the FIN

FUN Trademarks, FIN FUN Patents, or the FIN FUN Copyright Registrations, and none

of the Defendants are authorized retailers of genuine FIN FUN Products.

22. On personal knowledge and belief, Defendants deceive unknowing

consumers by using the FIN FUN Trademarks, FIN FUN Patents, and/or the FIN FUN

Copyright Registrations without authorization within the product descriptions of their

Defendant Internet Stores to attract customers, as well as embodied by the counterfeit

products themselves.

23. On personal knowledge and belief, Defendants also deceive unknowing

consumers by using FIN FUN Trademarks without authorization within the content, text,

and/or meta tags of their websites to attract various search engines crawling the Internet

looking for websites relevant to consumer searches for FIN FUN Products. Additionally,

upon information and belief, Defendants use other unauthorized search engine

optimization (“SEO”) tactics and social media spamming so that the Defendant Internet

Stores listings show up at or near the top of relevant search results and misdirect

consumers searching for genuine FIN FUN Products. Further, Defendants utilize similar

illegitimate SEO tactics to propel new domain names to the top of search results after

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others are shut down. As such, Plaintiff also seeks to disable Defendant Internet Stores

owned by Defendants that are the means by which the Defendants could continue to sell

counterfeit FIN FUN products into this District.

24. On information and belief, Defendants go to great lengths to conceal their

identities and often use multiple fictitious names and addresses to register and operate

their massive network of Defendant Internet Stores. For example, it is common practice

for counterfeiters to register their domain names with incomplete information, randomly

typed letters, or omitted cities or states, as Defendants here have done. And many

Defendant Domain Names use privacy services that conceal the owners’ identity and

contact information. On personal knowledge and belief, Defendants regularly create new

websites and Online Marketplace Accounts on various platforms using the identities

listed in Schedule A to the Complaint, as well as other unknown fictitious names and

addresses. Such Defendant Internet Store registration patterns are one of many common

tactics used by the Defendants to conceal their identities, the full scope and interworking

of their massive counterfeiting operation, and to avoid being shut down.

25. On personal knowledge and belief, even though Defendants operate under

multiple fictitious names, there are numerous similarities among the Defendant Internet

Stores. For example, some of the Defendant websites have virtually identical layouts,

even though different aliases were used to register the respective domain names. In

addition, the counterfeit FIN FUN products for sale in the Defendant Internet Stores bear

similarities and indicia of being related to one another, suggesting that the counterfeit

FIN FUN products were manufactured by and come from a common source and that,

upon information and belief, Defendants are interrelated. The Defendant Internet Stores

also include other notable common features, including use of the same domain name

registration patterns, unique shopping cart platforms, accepted payment methods, check-

out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, domain

redirection, lack of contact information, identically or similarly priced items and volume

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sales discounts, similar hosting services, similar name servers, and the use of the same

text and images.

26. In addition to operating under multiple fictitious names, Defendants in

this case and defendants in other similar cases against online counterfeiters use a variety

of other common tactics to evade enforcement efforts. For example, counterfeiters like

Defendants will often register new domain names or Online Marketplace Accounts under

new aliases once they receive notice of a lawsuit. 1 Counterfeiters also often move

website hosting to rogue servers located outside the United States once notice of a lawsuit

is received. Rogue servers are notorious for ignoring take down demands sent by brand

owners. 2 Counterfeiters also typically ship products in small quantities via international
mail to minimize detection by U.S. Customs and Border Protection. A 2012 U.S.

Customs and Border Protection report on seizure statistics indicated that the Internet has

fueled “explosive growth” in the number of small packages of counterfeit goods shipped

through the mail and express carriers.

27. Further, counterfeiters such as Defendants typically operate multiple

credit card merchant accounts and PayPal accounts behind layers of payment gateways

so that they can continue operation in spite of Plaintiff’s enforcement efforts. On personal

knowledge and belief, Defendants maintain off-shore bank accounts and regularly move

funds from their PayPal accounts to off-shore bank accounts outside the jurisdiction of

1
https://www.ice.gov/news/releases/buyers-beware-ice-hsi-and-cbp-boston-warn-
consumers-about-counterfeit-goods-during (counterfeiters are “very adept at setting up
online stores to lure the public into thinking they are purchasing legitimate good on
legitimate websites”) (last visited Nov. 17, 2022).
2
While discussed in the context of false pharma supply chains, rogue internet servers
and sellers are a well-known tactic that have even been covered in congressional
committee hearings. https://www.govinfo.gov/content/pkg/CHRG-
113hhrg88828/html/CHRG-113hhrg88828.htm (last visited Nov. 17, 2022).

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this Court. Indeed, analysis of PayPal transaction logs from previous similar cases

indicates that offshore counterfeiters regularly move funds from U.S.-based PayPal

accounts to foreign-based bank accounts outside the jurisdiction of this Court.

28. Defendants, without any authorization or license from Plaintiff, have

knowingly and willfully used and continue to use the FIN FUN Trademarks, FIN FUN

Patents, and the FIN FUN Copyright Registrations in connection with the advertisement,

distribution, offering for sale, and sale of counterfeit FIN FUN products into the United

States and Illinois over the Internet, and by reference to the same name and mark as the

original FIN FUN Product, is marketed and/or sold by, being “Fin Fun”. Each Defendant

Internet Store offers shipping to the United States, including Illinois and each Defendant

has offered to sell counterfeit FIN FUN products into the United States, including Illinois.

29. Defendants’ use of the FIN FUN Trademarks, FIN FUN Patents, and/or

the FIN FUN Copyright Registrations in connection with the advertising, distribution,

offering for sale, and sale of counterfeit FIN FUN products, including the sale of

counterfeit FIN FUN products into Illinois, is likely to cause and has caused confusion,

mistake, and deception by and among consumers and is irreparably harming Plaintiff.

COUNT I
TRADEMARK INFRINGEMENT AND COUNTERFEITING (15 U.S.C. § 1114)
[Against Defendants Designated in Schedule A]

30. Plaintiff repeats and incorporates by reference herein its allegations

contained in paragraphs 1–29 of this Complaint.

31. This is a trademark infringement action against Defendants based on their

unauthorized use in commerce of counterfeit imitations of the registered FIN FUN

Trademarks in connection with the sale, offering for sale, distribution, and/or advertising

of infringing goods. The FIN FUN Trademarks are highly distinctive marks. Consumers

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have come to expect the highest quality from Plaintiff’s products provided under the FIN

FUN Trademarks.

32. Defendants have sold, offered to sell, marketed, distributed, and

advertised, and are still selling, offering to sell, marketing, distributing, and advertising

products in connection with the FIN FUN Trademarks without Plaintiff’s permission.

33. Plaintiff is the registered owner of the FIN FUN Trademarks and official

source of FIN FUN Products. The United States Registrations for the FIN FUN

Trademarks (Exhibit 1) are in full force and effect. Upon information and belief,

Defendants have knowledge of Plaintiff’s rights in the FIN FUN Trademarks and are

willfully infringing and intentionally using counterfeits of the FIN FUN Trademarks.

Defendants’ willful, intentional, and unauthorized use of the FIN FUN Trademarks is

likely to cause and is causing confusion, mistake, and deception as to the origin and

quality of the counterfeit goods among the general public.

34. Defendants’ activities constitute willful trademark infringement and

counterfeiting under 15 U.S.C. §§ 1114, 1117.

35. The injuries and damages sustained by Plaintiff have been directly and

proximately caused by Defendants’ wrongful reproduction, use, advertisement,

promotion, offering to sell, and sale of counterfeit FIN FUN Products.

36. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are

not enjoined, Plaintiff will continue to suffer irreparable harm to its reputation and the

goodwill of its well-known FIN FUN Trademarks.

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COUNT II
FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(A))
[Against Defendants Designated in Schedule A]

37. Plaintiff repeats and incorporates by reference herein its allegations

contained in paragraphs 1–36 of this Complaint.

38. Defendants’ promotion, marketing, offering for sale, and sale of

counterfeit FIN FUN products embodying the FIN FUN Trademarks and/or the FIN FUN

Copyright Registrations, has created and is creating a likelihood of confusion, mistake,

and deception among the general public as to the affiliation, connection, or association

with Plaintiff or the origin, sponsorship, or approval of Defendants’ counterfeit FIN FUN

Products by Plaintiff.

39. By using the FIN FUN Trademarks in connection with the sale of

counterfeit FIN FUN products, embodying the FIN FUN Copyright Registrations,

Defendants create a false designation of origin and a misleading representation of fact as

to the origin and

40. Defendants’ conduct constitutes willful false designation of origin and

misrepresentation of fact as to the origin and/or sponsorship of the counterfeit FIN FUN

Products to the general public under 15 U.S.C. §§ 1114, 1125.

41. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are

not enjoined, Plaintiff will continue to suffer irreparable harm to its reputation and the

goodwill of its brand.

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COUNT III
PATENT INFRINGEMENT (35 U.S.C. § 271)
[Against Defendants Designated in Schedule A]
42. Plaintiff repeats and incorporates by reference herein its allegations

contained in paragraphs 1–41 of this Complaint.

43. Defendants are and have been making, using, selling, offering for sale,

and/or importing into the United States for subsequent sale or use, without authority,
Counterfeit Products that infringe directly and/or indirectly the FIN FUN Patents.

44. For example, below is a comparison of figures from Plaintiff’s FINFUN

Patents and images of one of Defendants’ Counterfeit Products sold on two Defendant

Internet Stores.

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Figures from FIN FUN Patents

compared to

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Counterfeit FIN FUN Products sold on exemplary Defendant Online Stores

45. Defendants’ activities constitute willful patent infringement and

counterfeiting under 35 U.S.C. § 271.

46. Defendants have infringed the Plaintiff’s FINFUN Patent through the

aforesaid acts and will continue to do so unless enjoined by this Court. Defendants’

wrongful conduct has caused Plaintiff to suffer irreparable harm resulting from the loss

of its lawful patent rights to exclude others from making, using, selling, offering for sale,

and importing the patented invention. Plaintiff is entitled to injunctive relief pursuant to

35 U.S.C. § 283.

47. Plaintiff is entitled to recover damages adequate to compensate for the

infringement pursuant to 35 U.S.C. §§ 284 289, including Defendants’ profits.

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COUNT IV
COPYRIGHT INFRINGEMENT (17 U.S.C. § 101, et seq.)
[Against Defendants Designated in Schedule A]
48. Plaintiff repeats and incorporates by reference herein its allegations

contained in paragraphs 1–47 of this Complaint.

49. Plaintiff owns all exclusive rights, including without limitation the rights

to reproduce the copyrighted work in copies, to prepare derivative works based upon the
copyrighted work, and to distribute copies of the copyrighted work to the public by sale

or other transfer of ownership, or by rental, lease, or lending, in various copyrights for

the FIN FUN Products as either the owner and/or licensee of the FIN FUN copyrights,

including without limitation copyrights covered by the FIN FUN Copyright

Registrations.

50. Defendants have sold, offered to sell, marketed, distributed, and

advertised, and are still selling, offering to sell, marketing, distributing, and advertising

products in connection with the FIN FUN copyrights without Plaintiff’s permission.

51. Defendants had access to the FIN FUN Products incorporating Plaintiff’s

registered copyrights before Defendants created their Defendant Internet Stores.

52. Upon information and belief, Defendants have directly copied Plaintiff’s

copyrights for the FIN FUN Products. Alternatively, Defendants’ representations of

Plaintiff’s copyrights for the FIN FUN Products in the Defendant Internet Stores are

strikingly similar, or at the very least substantially similar, to Plaintiff’s copyrights for

the FIN FUN Products and constitute unauthorized copying, reproduction, distribution,

creation of a derivative work, and/or public display of Plaintiff’s copyrights for the FIN

FUN Products. As just one example, Defendants deceive unknowing consumers by using

the FIN FUN copyrights without authorization within the product descriptions of their

Defendant Online Store to attract customers as follows:

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Genuine FIN FUN Product the subject of the federally registered FIN FUN

Copyright Registrations (see “Fiji Fantasy,” VA 2-158-718)

compared to

Counterfeit FIN FUN Product sold on exemplary Defendant Online Store

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53. Defendants’ exploitation of Plaintiff’s copyrights for the FIN FUN

Products in the Defendant Internet Stores constitutes infringement of Plaintiff’s

copyrights for the FIN FUN Products.

54. On information and belief, Defendants’ infringing acts were willful,

deliberate, and committed with prior notice and knowledge of Plaintiff’s copyrights.

Each Defendant willfully, wantonly, and in conscious disregard and intentional

indifference to the rights of Plaintiff made and distributed in the United States, including

this District, caused to be made and distributed in the United States, including this

District, and aided, abetted, contributed to, and participated in the unauthorized making

and distribution of the infringing Defendant Online Stores. Each Defendant either knew,

or should have reasonably known, that Plaintiff’s FIN FUN Products were protected by

copyright and their representations infringed on Plaintiff’s copyrights. Each Defendant

continues to infringe upon Plaintiff’s rights in and to the copyrighted work.

55. As a direct and proximate result of their wrongful conduct, Defendants

have realized and continue to realize profits and other benefits rightfully belonging to

Plaintiffs. Accordingly, Plaintiff seeks an award of damages pursuant to 17 U.S.C. § 504.

56. In addition to Plaintiff’s actual damages, Plaintiff is entitled to receive the

profits made by the Defendants from their wrongful acts, pursuant to 17 U.S.C. § 504(b).

Each Defendant should be required to account for all gains, profits, and advantages

derived by each Defendant from their acts of infringement.

57. In the alternative, Plaintiff is entitled to, and may elect to choose statutory

damages pursuant to 17 U.S.C. § 504(c), which should be enhanced by 17 U.S.C. §

504(c)(2) because of Defendants’ willful copyright infringement.

58. Plaintiff is entitled to, and may elect to choose, injunctive relief under 17

U.S.C. § 502, enjoining any use or exploitation by Defendants of their infringing work

and for an order under 17 U.S.C. § 503 that any of Defendants’ infringing products be

impounded and destroyed.

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59. Plaintiff seeks and is also entitled to recover reasonable attorneys’ fees

and costs of suit pursuant to 17 U.S.C. § 505.

60. Plaintiff has no adequate remedy at law, and, if Defendants’ actions are

not enjoined, Plaintiff will continue to suffer irreparable harm to their reputation and the

goodwill of its well-known FIN FUN copyrights.

COUNT IV
VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT
(815 ILCS § 510/1, et seq.)
[Against Defendants Designated in Schedule A]
61. Plaintiff repeats and incorporates by reference herein its allegations

contained in paragraphs 1–60 of this Complaint.

62. Defendants have engaged in acts violating Illinois law including, but not

limited to, passing off their counterfeit FIN FUN Products as those of Plaintiff, causing

a likelihood of confusion and/or misunderstanding as to the source of their goods, causing

a likelihood of confusion and/or misunderstanding as to an affiliation, connection, or

association with genuine FIN FUN Products, representing that their products have

Plaintiff’s approval when they do not, and engaging in other conduct which creates a

likelihood of confusion or misunderstanding among the public.

63. The foregoing acts of Defendants constitute a willful violation of the

Illinois Uniform Deceptive Trade Practices Act, 815 ILCS § 510/1, et seq.

64. Plaintiff has no adequate remedy at law, and Defendants’ conduct has

caused Plaintiff to suffer damage to their reputation and goodwill. Unless enjoined by

the Court, Plaintiff will suffer future irreparable harm as a direct result of Defendants’

unlawful activities.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants and each of them

as follows:

1. That Defendants, their affiliates, officers, agents, servants, employees,

attorneys, confederates, and all persons acting for, with, by, through, under, or in active

concert with them be temporarily, preliminarily, and permanently enjoined and restrained

from:

a. using the FIN FUN Trademarks or any mark substantially

identical or confusingly similar to the FIN FUN Trademarks in

any manner in connection with the distribution, marketing,

advertising, offering for sale, or sale of any product that is not a

genuine FIN FUN Product or is not authorized by Plaintiff to be

sold in connection with the FIN FUN Trademarks;

b. using the FIN FUN Patent or any reproductions, copies, or

colorable imitations thereof in any manner in connection with the

distribution, marketing, advertising, offering for sale, or sale of

any product that is not a genuine FIN FUN Product or is not

authorized by Plaintiff to be sold in connection with the FIN FUN

Patents;

c. using the FIN FUN Copyright Registrations or any reproductions,

counterfeit copies, or colorable imitations thereof in any manner

in connection with the distribution, marketing, advertising,

offering for sale, or sale of any product that is not a genuine FIN

FUN Product or is not authorized by Plaintiff to be sold in

connection with the FIN FUN Copyright Registrations;

d. passing off, inducing, or enabling others to sell or pass off any

product as a genuine FIN FUN Product or any other product

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produced by Plaintiff that is not Plaintiff’s or not produced under

the authorization, control, or supervision of Plaintiff and approved

by Plaintiff for sale under the FIN FUN Trademarks, FIN FUN

Patents, or the FIN FUN Copyright Registrations;

e. committing any acts calculated to cause consumers to believe that

Defendants’ counterfeit FIN FUN Products are those sold under

the authorization, control, or supervision of Plaintiff, or are

sponsored by, approved by, or otherwise connected with Plaintiff;

f. further infringing the FIN FUN Trademarks, FIN FUN Patents, or

the FIN FUN Copyright Registrations and damaging Plaintiff’s

goodwill;

g. otherwise competing unfairly with Plaintiff in any manner;

h. shipping, delivering, holding for sale, transferring, or otherwise

moving, storing, distributing, returning, or otherwise disposing of,

in any manner, products or inventory not manufactured by or for

Plaintiff, nor authorized by Plaintiff to be sold or offered for sale,

and which infringe upon any of Plaintiff’s patents, bear any of

Plaintiff’s trademarks, or copy any of Plaintiff’s copyright,

including the FIN FUN Trademarks, FIN FUN Patents, or the FIN

FUN Copyright Registrations or any reproductions, counterfeit

copies, or colorable imitations thereof;

i. using, linking to, transferring, selling, exercising control over, or

otherwise owning the Online Marketplace Accounts, the

Defendant Internet Stores, or any other domain name or Online

Marketplace Account that is being used to sell or is the means by

which Defendants could continue to sell counterfeit FIN FUN

products; and

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j. operating and/or hosting websites at the Defendant Internet Stores

and any other domain names registered or operated by Defendants

that are involved with the distribution, marketing, advertising,

offering for sale, or sale of any product bearing the FIN FUN

Trademarks or embodying the FIN FUN Patents and/or FIN FUN

Copyright Registrations or any reproduction, counterfeit copy or

colorable imitation thereof that is not a genuine FIN FUN Product

or not authorized by Plaintiff to be sold in connection with the FIN

FUN Trademarks, FIN FUN Patents, or the FIN FUN Copyright

Registrations.

2. That Defendants, within fourteen (14) days after service of judgment with

notice of entry thereof upon them, be required to file with the Court and serve upon

Plaintiff a written report under oath setting forth in detail the manner and form in which

Defendants have complied with paragraph 1 above;

3. Entry of an Order that, upon Plaintiff’s request, those in privity with

Defendants and those with notice of the injunction, including any online marketplaces

such as Alibaba.com, AliExpress.com, Amazon.com, DHgate.com, eBay.com,

Etsy.com, Walmart.com and Wish.com, social media platforms such as Facebook,

YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo,

web hosts for the Defendant Internet Stores, and domain name registrars, shall:

a. disable and cease providing services for any accounts through

which Defendants engage in the sale of counterfeit FIN FUN

products bearing the FIN FUN Trademarks and/or embodying the

FIN FUN Patents and/or FIN FUN Copyright Registrations,

including any accounts associated with the Defendants listed on

Schedule A;

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b. disable and cease displaying any advertisements used by or

associated with Defendants in connection with the sale of

counterfeit FIN FUN products bearing the FIN FUN Trademarks

and/or embodying the FIN FUN Patents and/or FIN FUN

Copyright Registrations; and

c. take all steps necessary to prevent links to the Defendant Internet

Stores identified on Schedule A from displaying in search results,

including, but not limited to, removing links to the Defendant

Domain Names from any search index.

4. That Defendants account for and pay to Plaintiff all profits realized by

Defendants by reason of Defendants’ unlawful acts herein alleged, and that the amount

of damages for infringement of the FIN FUN Trademarks be increased by a sum not

exceeding three times the amount thereof as provided by 15 U.S.C. § 1117.

5. In the alternative, that Plaintiff be awarded statutory damages pursuant to

15 U.S.C. § 1117(c) of not less than $1,000 and not more than $2,000,000 for each and

every use of the FIN FUN Trademarks and statutory damages of not less than $750 and

not more than $30,000 for each and every infringement of Plaintiff’s copyrights pursuant

to 17 U.S.C. § 504(c), which should be enhanced to a sum of not more than $150,000 by

17 U.S.C. § 504(c)(2) because of Defendants’ willful copyright infringement;

6. That Plaintiff be awarded such damages as it shall prove at trial against

Defendants that are adequate to compensate Plaintiff for Defendants’ infringement of the

FIN FUN Patents, but in no event less than a reasonable royalty for the use made of the

invention by the Defendants, together with interest and costs, pursuant to 35 U.S.C. §

284;
7. That the amount of damages awarded to Plaintiff to compensate Plaintiff

for infringement of Plaintiff’s FIN FUN Patents be increased by three times the amount

thereof, as provided by 35 U.S.C. § 284;

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8. In the alternative, that Plaintiff be awarded all profits realized by

Defendants from Defendants’ infringement of Plaintiff’s FIN FUN Patents, pursuant to

35 U.S.C. § 289;

9. That Plaintiff be awarded its reasonable attorneys’ fees and costs; and

10. Award any and all other relief that this Court deems just and proper.

Dated: February 23, 2024 Respectfully submitted,

BOIES SCHILLER FLEXNER LLP

By:_/s/ Breana S. Sicley _

Genesis Shin
2029 Century Park East, Suite 1520
Los Angeles, CA 90067
(213) 995-5719
[email protected]

Attorneys for Plaintiff

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