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Home It Inc. v. Wen

Irreparable Harm Not Shown in Mark's Alleged Infringement as to Goods Sold on Amazon

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MEMORANDUM & ORDER   On December 17, 2019, Plaintiff Home It, Inc. filed the complaint in this action, accompanied by a motion for a temporary restraining order (“TRO”) and preliminary injunction (“PI”), seeking to prohibit Defendants Wupin Wen, Shenzhen TryNow Intellectual Property Co., Ltd. (“TryNow”), and John Does 1-10 from further interfering with Plaintiff’s marketing and sale of Saganizer home-goods products on Amazon. (See Plaintiff’s Memorandum of Law (“MOL”), Dkt. 5-1.) Plaintiff alleges that Defendants fraudulently registered the Saganizer trademark that Plaintiff had been using on Amazon, without formal registration, since 2015. (Teitelbaum Declaration (“Teitelbaum Decl.”), Dkt. 5-2, at

4, 6.) Plaintiff alleges that on or about December 13, 2019 it learned that it was the target of a “trademark scam” by Defendants, when Amazon de-listed several of Plaintiff’s Saganizer products from the Amazon website. (Id. at

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