LOS ANGELES – An Arizona company alleges a Connecticut company falsely implied that its pool floats infringed its copyrights.
Kangaroo Manufacturing Inc. filed a complaint on June 5 in the U.S. District Court for the Central District of California against BigMouth LLC, also known as BigMouth Inc., and Does 1 through 25 alleging misrepresentation of copyright infringement.
According to the complaint, both the plaintiff and the defendant sell pool floats on Amazon.com and eBay in the shapes of a pineapple and pizza slice. The plaintiff alleges its designs are completely different than the defendant's, but that the defendant falsely reported to Amazon and eBay copyright violations, which caused the plaintiff's products to be removed from those sales platforms.
The plaintiff holds Bigmouth LLC and Does 1 through 25 responsible because the defendants' claims that the plaintiff's pool floats have infringed their copyrights are allegedly false.
The plaintiff seeks damages, all profits, punitive damages, interest, all legal fees and any other relief as the court deems just. It is represented by Mitchell F. Ducey and Robert J. Borowski of Masserman & Ducey in Sherman Oaks.
U.S. District Court for the Central District of California, Western Division case number 2:17-cv-04165-R-AS