MISSVIVI owner alleges, on information and belief, that Clickandship sold returned heating pads as new on Amazon

What was filed

Xinhai Huang v. Clickandship LLC, No. 1:26-cv-13552 (N.D. Ill., Eastern Division), was filed November 2, 2026, ECF No. 1 (15 pages), with four exhibits and a jury demand. Huang, an individual residing in Tianmen City, Hubei Province, China, is described as the owner of record of the MISSVIVI registration who has licensed the mark for exclusive use to a Chinese trading company that sells on the MISSVIVI Amazon listing. The complaint alleges, on information and belief, that Clickandship LLC is a limited liability company based in Baltimore, Maryland, and it alleges that Clickandship operates the Amazon.com storefront "Clickandship." Except as to Huang and his own acts, the complaint pleads its allegations on information and belief. The case was randomly assigned to Judge Steven C. Seeger on November 2, 2026. On November 3, 2026, the clerk mailed the trademark report to the USPTO and Lanham Act mediation program materials to the plaintiff's counsel.

The mark

The complaint asserts U.S. Trademark Registration No. 6,552,451 for the standard-character mark MISSVIVI and describes it as registered on the Principal Register on August 11, 2026, for "Electric blankets for household purposes; Electric blankets not for medical purposes; Electrically heated clothing." USPTO TSDR shows Registration No. 6,552,451 for MISSVIVI on the Principal Register, filed January 1, 2021 and registered November 9, 2021, status registered, owned by HUANG, XINHAI, an individual, after an automatic update of assignment of ownership on November 6, 2024, in International Class 11 for "Multicookers; Rotisseries; Air cooling apparatus; Air fryers; Air purifiers; Appliances for domestic use, namely, temperature controlled wine cellars; Candle lamps; Coffee roasters; Domestic electric appliances, namely, frypans; Electric fans for personal use; Electric night lights; Electric pocket warmers for warming hands; Electric roasters; Electric toasters; Electrically heated clothing; Fairy lights for festive decoration; Hair driers; Headlights for automobile; Light Emitting Diode (LED) plant grow light; Nail lamps; Socks, electrically heated; Ultraviolet gel manicure lamps." The registration date and goods in the complaint differ from the TSDR record for that number. The complaint describes the product as a graphene-infused, weighted electric heating pad for the neck, shoulders, and back, sold on Amazon under ASIN B0FPMG7Q91.

What the complaint alleges

The complaint alleges that Clickandship attached its own offer to the MISSVIVI Amazon listing and sells MISSVIVI-branded heating pads in "New" condition without disclosing that they are used, returned, or damaged. It alleges, on information and belief, that the units are products consumers returned to Amazon, that Amazon's fulfillment network classified as unsellable, and that were designated for disposal, bearing Amazon LPN return-tracking labels. It alleges that Huang's removal records show at least 33 disposal orders between January 29 and April 7, 2026, for about 176 unsellable units carrying his FNSKU barcode. It alleges that an investigator's September 29, 2026 test purchase from Clickandship, delivered in Chicago on or about October 2, 2026, was a unit with Huang's FNSKU label, an LPN return label, and crushed and torn packaging. It alleges the goods are materially different from genuine new MISSVIVI products, so the first-sale doctrine does not protect their resale, and that Clickandship acted willfully.

Claims and relief

Count I is trademark infringement under 15 U.S.C. § 1114. Count II is false designation of origin and unfair competition under § 1125(a)(1)(A). Count III is false advertising under § 1125(a)(1)(B). Count IV is violation of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510/2. Count V is Illinois common-law unfair competition. Count VI is unjust enrichment. The prayer seeks a judgment of liability on each count and of willfulness; a preliminary and permanent injunction against selling previously sold, returned, used, damaged, or unsellable MISSVIVI-branded products or materially different ones, against calling them "New," and against confusing use of the mark; a sworn compliance report under § 1116(a); an accounting of all MISSVIVI-branded sales, including where each unit was acquired; Clickandship's profits, Huang's actual damages, and costs under § 1117(a), enhanced as the court finds just; disgorgement; attorneys' fees on an exceptional-case finding under § 1117(a) and 815 ILCS 510/3; interest; and other relief.