Shenzhen Xing Ying Da sues Neewer Production over NEEWER marketplace listings

The complaint

Shenzhen Xing Ying Da Industry Co., Ltd. v. Neewer Production Inc, No. 4:26-cv-09627 (S.D. Tex., Houston Division), is a 25-page complaint filed November 1, 2026, ECF No. 1, with a jury demand. The plaintiff is organized under the laws of China and based in Shenzhen. The complaint alleges that Neewer Production Inc is a Colorado corporation formed on September 18, 2024, and alleges, on information and belief, that its principal place of business is Houston, Texas. It says matters outside the plaintiff's own knowledge are alleged on information and belief. (Compl. intro; paras. 6, 7, 12.)

The marks

The plaintiff pleads four Principal Register registrations for NEEWER: No. 5,760,029 (stylized, registered May 28, 2019, listing lamps and theatrical stage lighting apparatus among its goods), No. 5,477,858 (stylized, May 29, 2018, listing cameras, microphones, tripods and battery chargers among its goods), No. 7,734,740 (standard characters, March 25, 2025, camcorders, digital cameras, camera lenses and filters), and No. 4,462,769 (stylized, January 7, 2014, listing clocks among its goods). USPTO TSDR lists Shenzhen Xing Ying Da Industry Co., Ltd. as the owner of all four. It shows Nos. 5,760,029 and 7,734,740 as registered, No. 5,477,858 with a Section 71 declaration accepted, and No. 4,462,769 renewed. (Compl. paras. 19 to 24.)

What the complaint alleges

The complaint alleges that nineteen Macy's marketplace listings displayed Neewer as the product brand: nine dash-camera listings, one vehicle backup-camera listing, six clock listings, a UV sanitizer box with wireless charging, and an L220 panel light and an N16 ring light. It alleges the last two also carried the seller statements "Shipped and sold by Neewer" and "Sold and shipped by Neewer" and reproduced the plaintiff's model designations and promotional images. It says the plaintiff notified Macy's on September 28, 2026, and that on October 16, 2026 Macy's identified Neewer Production, Inc. as the supplier of the products offered under the challenged name and said it had notified that company of the claim. It alleges, on information and belief, that Neewer Production acted knowingly and willfully. It says captures from October 26, 2026 showed the seventeen camera, clock and sanitizer-box listings as unavailable, while captures from October 31, 2026 showed the L220 and N16 listings with prices and purchase controls. (Compl. paras. 27 to 47.)

Claims and relief requested

Count I alleges federal trademark infringement under 15 U.S.C. § 1114(1). Count II alleges false designation of origin and false association under 15 U.S.C. § 1125(a)(1)(A). Count III alleges trademark infringement and unfair competition under Texas common law. The plaintiff asks for a judgment on those claims, preliminary and permanent injunctions against use of NEEWER or Neewer Production Inc as a trade, store or seller name and against use of the marks and its promotional images in a way that suggests affiliation, removal of seller designations and promotional content, corrective notice, a sworn compliance report under 15 U.S.C. § 1116(a), an accounting and award of profits and damages under 15 U.S.C. § 1117(a) with any enhancement, Texas common law damages, delivery up and destruction under 15 U.S.C. § 1118, attorneys' fees and costs, and interest. (Compl. paras. 50 to 65; Prayer A to J.)

Docket

The docket shows a summons request, a notice of filing an AO 120 trademark report, a corporate disclosure statement and a notice of appearance on November 1, 2026 (ECF Nos. 2 to 5). On November 3, 2026 it shows a clerk's notice about consent to a magistrate judge, an order for initial conference and a notice to the USPTO (ECF Nos. 6 to 8).