Shanghai Zhenglang Tech. Co. Ltd. v. Mengku Tech. Co. Ltd.

TRO Denied in Infringement Suit Over Competitor's Use of Mark for Its Game Applications

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For Plaintiff: Shan Zhu, Esq., Hang & Associates, PLLC, Flushing, New York. For Defendants: Yong Chen, Esq.¹, Liu Chen & Hoffman, LLP, New York, New York.

MEMORANDUM & ORDER Currently before the Court is Plaintiff Shanghai Zhenglang Technology Company, Limited’s (“Plaintiff”) motion for a Preliminary Injunction that, if granted, would remove certain of Qianan Li (“Li”) and Mengku Technology Company, Limited’s (“Mengku” and together with Li, “Defendants”) game applications from the Google Play Store platform and freeze all monetary accounts associated with Defendants’ Google Play Accounts. (Mot., ECF No. 19.) Upon review of all submissions,² and the arguments heard at the December 16, 2020 hearing, the Court finds that Plaintiff has failed to meet its burden to obtain a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure. Accordingly, the motion for a preliminary injunction is DENIED. BACKGROUND I. Facts Plaintiff is a foreign limited liability corporation (“LLC”) incorporated under the laws of the People’s Republic of China.³ (Compl. 4.) Plaintiff markets, designs, sells, and produces for download game applications under the federally registered trademark “LinkDesks”. (Id. 5; LinkDesks Trademark, Compl., Ex. 1, ECF No. 1-1.) According to Plaintiff, each game application on Google Play has a “package name,” or a unique identifier associated with the application. As relevant here, Plaintiff has incorporated its trademark “LinkDesks” in the “package name” it uses on Google Play, where its games applications are offered. (Compl. 7.) Plaintiff alleges that Defendants infringe on its trademark by utilizing the “LinkDesks” mark as a package name on Google Play for two game applications, Bubble Shooter Genies and Bubble Shooter Legend (the “Bubble Shooter Games”). (Id. 24.) Specifically, Plaintiff claims that whenever customers search “LinkDesks” on Google or Google Play, Defendants’ Bubble Shooter Games appear. (Id.

Shanghai Zhenglang Tech. Co. Ltd. v. Mengku Tech. Co. Ltd.

TRO Denied in Infringement Suit Over Competitor's Use of Mark for Its Game Applications

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