TechPulse Solutions sues Schedule A Walmart sellers, alleging they sell counterfeit CYFW products

The complaint

The complaint is Document 1, entered November 13, 2026, in TECHPULSE SOLUTIONS LLC v. The Partnerships, Unincorporated Associations Identified on Schedule A, No. 1:26-cv-28079 (S.D. Fla.). It runs 13 pages, including a Schedule A that identifies 17 seller aliases and their Walmart store URLs. The plaintiff is a Wyoming limited liability company with its principal place of business in Sheridan, Wyoming. (Compl. para. 7; Sched. A.) The docket shows the case assigned to Judge Beth Bloom.

The mark

The complaint says the plaintiff is the owner of all rights, title, and interest in the CYFW mark, U.S. Trademark Registration No. 6,666,567, that the registration is valid, subsisting, unrevoked, unchallenged, and uncancelled, and that it constitutes prima facie evidence of validity and of the plaintiff's exclusive right to use the mark under 15 U.S.C. § 1057(b). (Compl. paras. 1, 8.) It says the plaintiff has licensed and authorized e-commerce merchants to promote, market, and sell a range of parlor games, mahjong tiles, jump ropes, scale model kits, and related products in International Class 28 under the mark, offered through selected third-party e-commerce platforms, including Walmart.com. (Compl. para. 9.) USPTO records list U.S. Reg. No. 6,666,567 as a live standard-character registration of CYFW on the Principal Register, owned by TechPulse Solutions LLC, a Wyoming limited liability company, registered March 8, 2022, from an application filed May 12, 2021, for Class 28 goods that include dolls, dominoes, jump ropes, parlor games, plush toys, scale model kits, and toy building blocks, with first use and use in commerce claimed from April 10, 2021.

What the complaint alleges

The complaint alleges that the defendants, identified as individuals and business entities on Schedule A, own or operate e-commerce stores under the seller aliases listed there, and that those stores advertise, offer for sale, and sell infringing and counterfeit CYFW products. (Compl. paras. 2, 12.) It alleges that the plaintiff has identified numerous e-commerce stores offering infringing products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, DHgate, and Temu, including the stores operating under the seller aliases. (Compl. para. 14.) It alleges, on information and belief, that the defendants reside or operate in the People's Republic of China or other foreign jurisdictions, or redistribute products from the same or similar sources in those locations. (Compl. para. 12.) It alleges that the defendants have targeted sales to Florida residents through online stores that offer shipping to Florida and accept payment in U.S. dollars, and, on information and belief, that they have sold infringing products to Florida residents. (Compl. paras. 6, 17.) It alleges that none of the defendants is authorized to use the CYFW mark, and, on information and belief, that the defendants incorporate the mark without authorization into the content, text, and/or meta tags of their e-commerce stores. (Compl. paras. 11, 18-19.) It alleges that the unauthorized use is likely to cause and has caused confusion, mistake, and deception among consumers, and, on information and belief, that the defendants know of the plaintiff's rights in the mark and are willfully infringing it. (Compl. paras. 25, 29.)

Claims and relief

The complaint pleads two counts against the Schedule A defendants: trademark infringement under 15 U.S.C. § 1114 (Count I), which it says amounts to willful trademark infringement and counterfeiting under Section 32 of the Lanham Act, and false designation of origin under 15 U.S.C. § 1125(a) (Count II). (Compl. paras. 26-35.) The prayer seeks a permanent injunction against using the CYFW mark or colorable imitations with products that are not genuine or authorized, passing off, acts calculated to cause consumers to believe the defendants' products are authorized by or connected with the plaintiff, further infringement, dealing in unauthorized inventory bearing the mark, and using online marketplace accounts or websites to sell such products. It asks for an order that those in privity with the defendants and those with notice of the injunction, including online marketplace platforms such as eBay, AliExpress, Alibaba, Amazon, Wish.com, Walmart, Etsy, DHgate, and Temu, sponsored search or ad-word providers, payment processors, and Internet search engines, disable services and advertisements used in selling goods under the mark and keep links to the defendants' stores out of search results. It asks that the defendants account for and pay their profits and that damages for infringement be increased by a sum not exceeding three times under 15 U.S.C. § 1117, or in the alternative statutory damages for willful trademark counterfeiting under 15 U.S.C. § 1117(c)(2) of $2,000,000 for each and every use of the CYFW mark, together with reasonable attorneys' fees and costs under 15 U.S.C. § 1117 and other relief the court deems just and proper. (Compl., Prayer for Relief.)