What was filed
The complaint is Document 1 in Fishermans Warehouse Mega Store, Inc. v. Christopher Morris and Amazon.com, Inc., No. 2:26-cv-03321 (E.D. Cal.), filed September 20, 2026. It runs 17 pages and demands a jury trial. The docket sets an initial scheduling conference before District Judge Dale A. Drozd on January 25, 2027.
The mark
The complaint says the plaintiff owns Reg. No. 6,340,734, issued May 4, 2021, for FISHERMAN'S WAREHOUSE, which it describes as covering retail sporting goods and fishing tackle stores, and that it has used the mark since at least September 15, 1996. It alleges the registration is incontestable. USPTO TSDR lists the registration as owned by Fishermans Warehouse Mega Store, Inc. for retail sporting goods stores in Class 35, with a combined Sections 8 and 15 declaration accepted.
What the complaint alleges
The complaint alleges, on information and belief, that Morris has run fishermanswarehouse.net since March 2023, and it alleges that he sells sporting goods and fishing tackle there under the name FISHERMANS WAREHOUSE. It alleges that his own application to register FISHERMANS WAREHOUSE, Serial No. 97/865,418, was refused in April 2024 as confusingly similar to the plaintiff's registration. It alleges that a July 2026 cease-and-desist letter came back undelivered, that Morris acknowledged a texted copy in August 2026 and said he would not stop, and that in September 2026 the plaintiff found an Amazon store using FISHERMANS WAREHOUSE and filed a notice with Amazon Brand Registry.
Claims and relief
The complaint's caption lists seven claims, including federal service mark dilution, but its body pleads eight claims for relief: two counts of federal service mark infringement under 15 U.S.C. § 1114, two counts of federal unfair competition under 15 U.S.C. § 1125(a), California unfair competition, California false or misleading statements, common law trademark infringement, and common law unfair competition. The prayer also cites 15 U.S.C. § 1125(c). The docket shows returns of service filed October 6 and October 20, 2026, and an answer to the complaint filed October 8, 2026.