SPICY CUBES seller sues over a KINKY CUBES page and ads allegedly presenting it as an upgraded SPICY CUBES: complaint allegations

What was filed

The complaint is Document 1, a verified complaint filed October 4, 2026, in the U.S. District Court for the Northern District of Illinois, Eastern Division. The case is & Company LLC d/b/a Spicy Cubes v. Aufior LLC and Faizan Jamil, No. 1:26-cv-12151, and it includes a jury demand. It pleads four counts: false designation of origin and unfair competition under 15 U.S.C. § 1125(a)(1)(A), false advertising under 15 U.S.C. § 1125(a)(1)(B), the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510/1 et seq., and common-law trademark infringement and unfair competition. Counsel is Nicholas S. Lee of the Law Office of Nicholas S. Lee.

What the complaint alleges

The complaint says the plaintiff, a Delaware limited liability company, has sold dietary-supplement gummies under SPICY CUBES since at least January 14, 2024, and that its store records show 63,861 orders in calendar year 2025. It says the plaintiff applied on December 16, 2025 to register SPICY CUBES in International Class 5, U.S. Serial No. 99550249, and that its claims rest on common-law rights that do not depend on federal registration. USPTO records show that application was abandoned on July 21, 2026, for failure to respond to an April 20, 2026 Office action; the complaint does not mention the abandonment. It alleges that Aufior LLC is a Florida limited liability company formed February 12, 2024, that owns and operates the online store at cubesofficial.com, and, on information and belief, that Jamil, as Aufior's managing member, authorized, directed, and participated in the conduct.

The complaint alleges that the defendants created the product listing on January 28, 2026 under the address cubesofficial.com/products/spicy-cubes, and that the page, as captured June 7, 2026, showed KINKY CUBES beneath the line "Spicy to Kinky - New Upgraded Formula." It alleges that paid Facebook and Instagram ads showed a pouch labeled "Spicy Cubes" that is not the plaintiff's package, and that one ad placed a "Spicy Cubes" pouch beside a "KINKY CUBES" pouch under a headline saying the gummy "Just Got Stronger." It says the store's charges appear on bank statements under descriptors beginning "SP CUBES," and it describes three customer-service conversations opened May 14 to 22, 2026 about CubesOfficial or KINKY CUBES purchases, two of them asking the plaintiff to cancel and refund.

The false advertising count also targets review figures on the page, including "4.8/5 based on 50000+ customer reviews," which the complaint alleges on information and belief overstate market acceptance and customer satisfaction. It points to the listing's January 28, 2026 creation date, the absence of a displayed review feed, and a Trustpilot profile showing 79 reviews averaging 2.9 out of 5, and it says those observations do not establish a complete count of the defendants' customers or reviews. It also targets a "Proudly Made in the USA" statement and a "Made In USA" badge. The complaint quotes July 25, 2026 Trustpilot replies posted under the name Cubesofficial saying some orders were dispatched from a manufacturing facility or partner in China, which the replies attributed to a temporary shortage at a U.S. warehouse or fulfillment location, and it alleges on information and belief that the defendants continue to offer at least some foreign-manufactured gummies under the Made in USA statements. It says the shipment records for Order No. 209607, whose package counsel received, do not establish where the gummies were manufactured.

For personal jurisdiction over Aufior and for venue, the complaint relies on a test order by plaintiff's counsel, which the store confirmed for two bags of KINKY CUBES to be shipped to Vernon Hills, Illinois, and on counsel's receipt there on October 1, 2026 of a KINKY CUBES package from Order No. 209607. The prayer asks for a preliminary and permanent injunction against using SPICY CUBES or any confusingly similar designation in a product name, page address, domain name, social-media name, ad, package, or payment descriptor, against presenting any product as a new, upgraded, stronger, or reformulated SPICY CUBES, and against falsely representing foreign-manufactured gummies as made in the United States. It also asks for removal of the spicy-cubes page with a sworn compliance report under 15 U.S.C. § 1116(a), destruction under 15 U.S.C. § 1118, corrective advertising, profits and damages enhanced under 15 U.S.C. § 1117(a), punitive damages on the common-law claims, and attorney fees under 15 U.S.C. § 1117(a) and 815 ILCS 510/3.