SAN FRANCISCO — A manufacturer is suing Maureen McGee and Manus McGee, online seller, citing alleged copyright infringement, trademark infringement, false advertising and unfair competition.
CCA and B LLC filed a complaint on Oct. 26, in the U.S. District Court for the Northern District of California against the defendants alleging that they violated laws by unauthorized distribution of an intellectual property.
According to the complaint, the plaintiff alleges that, on April 13, 2004, CCA and B LLC believes that the defendants have jointly operated eBay stores, offering products for sale including counterfeit Christmas elf dolls, along with “An Elf’s Story” DVDs and elf-related accessories, adoption certificates, and other CCA & B branded items that infringe on its copyrights and trademarks.
The plaintiff holds Maureen McGee and Manus McGee responsible because the defendants allegedly sold products that were exact replicas without permission or licence from plaintiff/owner, introduced counterfeit products into the stream of commerce, and obtained profits at the expense of plaintiff's reputation and goodwill.
The plaintiff requests a trial by jury and seeks judgment in its favor, to permanently enjoin defendants from further infringement, custody of all counterfeit products, accounting by defendants to establish all profits earned from infringement, damages, destruction of all counterfeit products, costs, interest, attorneys' fees and further relief as the court deems just. They are represented by Robert P. Merten III and Nicholas Kump of Sutherland Asbill & Brennan LLP in Sacramento and Ann G. Fort of Sutherland Asbill & Brennan LLP in Atlanta.
U.S. District Court for the Northern District of California Case number 5:16-cv-06207