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Kelly Toys Holdings LLC v. Pearlbuy Ltd.

Default Leads to Preliminary Injunction in Suit Over Plush Toy Mark's Infringement

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OPINION & ORDER GRANTING PRELIMINARY INJUNCTION Plaintiff Kelly Toys Holdings, LLC (“Kelly Toys”) brings this action against Defendants Pearlbuy Limited, Pearlgo Technology Co., Limited, and Guangzhou Pearlgo Technology Co., Limited, three Chinese companies that Plaintiff suspects have some relationship to one another, asserting federal, state, and common law claims for trademark infringement, false designation of origin, and unfair competition [ECF #5]. The Court issued a temporary restraining order and directed Defendants to show cause why a preliminary injunction should not issue [ECF #14]. After Defendants failed to oppose the preliminary injunction or otherwise appear in this action, the Court extended the temporary restraining order and granted Defendants another opportunity to appear and oppose the preliminary injunction [ECF #17]. The Court also directed Kelly Toys to supplement the record in support of its application for a preliminary injunction, which Kelly Toys has now done [ECF #18-21]. To date, Defendants have not appeared. For the reasons set forth below, Kelly Toys’ motion for a preliminary injunction is GRANTED. I. BACKGROUND Plaintiff Kelly Toys Holdings, LLC (“Kelly Toys”) makes and sells plush toys, including its Squishmallows Products [ECF #11 ("Kelly Decl.") 3]. Squishmallows are a line of popular stuffed plush toys with distinctive names and appearances. See Kelly Decl.

5-8 & n.2. Kelly Toys owns several federal trademark registrations and numerous registered copyrights in and related to its Squishmallows [ECF #5-3; 11-2, 11-3]. See Kelly Decl.

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