SAN DIEGO – A San Diego lifestyle company alleges that a Walnut business is selling items under a counterfeit trademark.
Oh Yeah!!! Productions filed a complaint on June 1 in the U.S. District Court for the Southern District of California against Aiping Fan, JY Designs and Creations Inc., Amazon.com Inc. and The Bay Co. over alleged trademark infringement.
According to the complaint, the plaintiff sells apparel with its Oh Yeah!!! trademark online and registered the mark in 2010. It alleges Fan has adopted the "virtually identical" mark Oooh Yeah! to sell socks online, including through Amazon.
The plaintiff holds Fan, JY Designs and Creations Inc., Amazon.com Inc. and The Bay Co. responsible because the defendants allegedly engaged in unfair business practices and caused the plaintiff to suffer compensatory and consequential damages.
The plaintiff seeks preliminary and permanent injunction, exemplary and punitive damages, prejudgment interest, costs, expenses, attorneys' fees, and such other and further relief as the court may deem just and proper. It is represented by Ben L. Wagner of Mintz Levin Cohn Ferris Glovsky and Popeo PC in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-01123-AJB-NLS