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Sound Around Inc. v. Shenzhen Keenray Innovations Ltd.

Court Enjoins Communication of Patent Infringement Claims to Third Parties

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MEMORANDUM & ORDER Plaintiff Sound Around Inc. seeks entry of a preliminary injunction against Defendants Shenzhen Keenray Innovations Limited (“Keenray”), Danxia Wu, and Weng Feng Peng (a/k/a Fenson Peng) (collectively, “Defendants”) pursuant to Federal Rule of Civil Procedure 65. For the reasons stated herein, the Court grants in part and denies in part Plaintiff’s motion for entry of a preliminary injunction against Defendants. BACKGROUND Pursuant to Federal Rule of Civil Procedure 52(a)(2), the Court makes the following findings of fact to support its partial grant of a preliminary injunction against Defendants. Plaintiff is a New York corporation that imports and sells electronic products, and markets and sells its products both on its own website and the websites operated by third-party marketplaces — specifically, Amazon, Inc. (“Amazon”), Walmart Inc. (“Walmart”) and eBay Inc. (“eBay”). Declaration of Jerry Brach, ECF No. 10

2-3, 5. Plaintiff does not manufacture products but instead purchases, brands and sells the purchased products. Id. 4. One product that Plaintiff sells through its brand Serenelife is a towel warmer (“Subject Towel Warmer”). Id. 6. On or before early 2021, Plaintiff purchased the Subject Towel Warmer from a China-based company called Dongguan Goldenhot Plastic & Hardware Products Co., Ltd. (“Goldenhot”) and began selling it on Amazon, Walmart, and eBay. Id. 5; Declaration of Fengli Lv (“Helen”) Declaration, ECF No. 11

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