JS China Sourcing sues American Eagle over OVERSLEPT sleepwear

The complaint

JS China Sourcing Inc. v. American Eagle Outfitters, Inc., No. 1:26-cv-08055 (S.D.N.Y.), is a 16-page complaint filed September 16, 2026, ECF No. 1. The case is assigned to Judge Loretta A. Preska. JSC, a New York corporation based in New York City, says it designs and sells sleepwear for young women through online marketplaces and brick and mortar stores. It describes AEO as a Delaware corporation based in Pittsburgh, Pennsylvania. (Compl. paras. 2, 13, 14, 20.)

The mark

JSC pleads Registration No. 6,380,939 for OVERSLEPT, registered on the Principal Register on June 8, 2021 for women's clothing in Class 25, and calls the registration incontestable. It says it has used OVERSLEPT since May 2019. (Compl. paras. 21, 42, 43, 49.) USPTO TSDR lists JS China Sourcing Inc. as the owner and, with a status date of October 9, 2026, shows a cancellation proceeding pending at the Trademark Trial and Appeal Board.

What the complaint alleges

The complaint alleges that AEO launched "OVERSLEPT by Aerie" sleepwear on July 6, 2026, online and in its retail stores, promoted it on social media and with in-store displays, and presents OVERSLEPT in oversized type while deemphasizing "by Aerie." It pleads both forward and reverse confusion, and it says two of JSC's retail buyers asked about AEO's use, one by a July 27, 2026 text message asking "Isn't this one of your labels?" It also alleges, on information and belief, that AEO became aware of JSC's OVERSLEPT products during its design process. (Compl. paras. 24 to 26, 32, 33, 35, 36.)

Claims and relief requested

JSC brings three claims against AEO: infringement of a registered mark under 15 U.S.C. § 1114 (First Claim); trademark infringement, unfair competition, false designation of origin, and false association under 15 U.S.C. § 1125(a) (Second Claim); and trademark infringement and unfair competition under New York common law (Third Claim). The prayer asks for preliminary and permanent injunctions against selling goods under OVERSLEPT or OVERSLEPT by Aerie, a recall of infringing products, an order barring AEO from applying to register OVERSLEPT, an accounting, AEO's profits and JSC's damages trebled under 15 U.S.C. § 1117 and New York law, punitive damages under New York law, attorneys' fees and costs, and a sworn compliance report under 15 U.S.C. § 1116(a).

Docket

Judge Preska signed an order to show cause for a preliminary injunction on September 23, 2026, and a September 24, 2026 order adjourned the hearing to October 26, 2026. AEO filed an answer and a counterclaim against JSC on October 9, 2026. The docket shows that Judge Preska held the show cause hearing on October 26, 2026, and that an answer to the counterclaim was filed October 30, 2026.