Hadley Designs LLC v. Lu et al. (D. N.H. 21-cv-00780).

  • September 29, 2021

Hadley Designs claims that Yuping Lu, who does business as BELLAB STORE on Amazon, and a number of unidentified defendants of making and selling goods that infringe Hadley’s copyrighted designs.  Rebecca Hadley designed a series of “chore charts” having a variety of decorative elements, which Hadley Designs sells through its own website and through Amazon.  Hadley says that Lu knocked off these designs and offered them through Lu’s Amazon store.  Hadley further asserts that Lu removed Hadley’s copyright management information – the company’s name and website – and replaced it with Lu’s “juccybe” mark.  The accused products entered the marketplace within months of Hadley’s designs being offered for sale.  Hadley says that Lu would have had access to the designs because they “consistently appear among the top results for a search of ‘Chore Chart’ on Amazon.com and are featured as ‘Amazon’s Choice’ for keywords related to Chore Charts.”

Hadley asserts personal jurisdiction over Lu, who resides in China, based on his consent to accept service in any Federal District Court in DCMA counternotices he submitted to Amazon.  In addition to claims of copyright infringement and improper removal of copyright management information, Hadley asserts violation of the DCMA for submitting false affidavits and misleading counternotices to get Amazon to reinstate the accused products.

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