Plaintiff alleges ownership of SUNCOO trademark for disposable face masks, which masks it sells on Amazon. Various defendants allegedly sold counterfeit SUNCOO masks. Amazon purchased a shipment of SUNCOO-branded masks that were in fact counterfeit, Amazon sold such masks under plaintiff’s ASIN, inadvertently, and has indicated to plaintiff that it was cooperating with regard to preventing the sale of counterfeit product. However, Amazon “lapsed” and sold the counterfeit product on two additional occasions. Plaintiff brought a prelim motion, which was granted.

Text of Kinsley Technology v Ya Ya Creations, 1:2020cv4310, DKt 147 (CD Cal 2021)