SAN FRANCISCO – A Woodland Hills business alleges several online sellers are offering products similar to its own.
Fountain Inc. filed a complaint on March 18 in the U.S. District Court for the Northern District of California against eBay Inc., 11Kuagyan, 2012Digital2012, 365Daygo, 7cn7331, 958eshop, aa370hk, actioncamstore, allwinshop, ba.th89, babastoreong, baobagth, beitihome, bessky, bestfastdeals, bethetop 188, et al., citing patent infringement.
According to the complaint, the plaintiff alleges that it manufacturers the Octomask, a type of diving mask that can be attached to a camera. It alleges that it discovered that similar devices to its own were being listed on eBay by the defendant sellers and that those products are infringing the plaintiff's '877 patent, thus causing damages to plaintiff's original patent. The plaintiff holds the defendants responsible because eBay allegedly ignored the plaintiff's request to take down listings that infringe the '877 patent, stating that it could only remove those listings with a court order.
The plaintiff requests a trial by jury and seeks judgment against the defendant and that the accused devices actively infringes the '877 patent, permanently enjoin the defendants' infringing activities, all damages as a result of willful acts of infringement together with interest, cost of the suit and attorney's fees and any further relief that the court sees fit. It is represented by Michael J. Sullivan of Law Offices of Michael J. Sullivan in San Jose.
U.S. District Court for the Northern District of California Case number 5:16-cv-01352