TRUsox sues Schedule A sellers over TRUSOX word mark and rectangle design mark

The complaint

TRUsox LLC and James Paul Cherneski v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, No. 1:26-cv-09533-JLR (S.D.N.Y.), is a 23-page complaint filed October 30, 2026, ECF No. 1, with a jury demand. TRUsox is a Maryland limited liability company, and co-plaintiff James Paul Cherneski is its owner. The complaint asserts two trademark registrations and U.S. Design Patent No. D748,391 S. It describes the defendants as individuals and businesses that, on information and belief, reside mainly in China, and as merchants on online platforms including Amazon, Shein, Temu, and Walmart. (Compl. paras. 1, 4, 20 to 24.)

The marks

The complaint pleads U.S. Registration No. 6,221,531, registered December 15, 2020, and U.S. Registration No. 6,811,803, registered August 9, 2022, and alleges TRUsox is their exclusive owner. (Compl. para. 21.) USPTO TSDR shows No. 6,221,531 as a design mark on the Principal Register that "consists of twelve small rectangles grouped in two rows across six columns," for athletic apparel, shoes, and socks in Class 25, and No. 6,811,803 as TRUSOX in standard characters on the Principal Register for socks and ankle socks in Class 25. TSDR lists TRUsox LLC as the owner of both, each with a status of registered.

What the complaint alleges

The complaint alleges the defendants advertise and sell unauthorized products that embody marks identical or substantially identical to the TRUsox Trademarks or the patented design, and use the marks in product descriptions, content, text, or meta tags of their listings. It alleges, on information and belief, that the defendants also use other search engine optimization tactics, conceal their identities behind fictitious names, and have knowledge of TRUsox's rights, and it alleges their use is willful and causes a likelihood of confusion. (Compl. paras. 3, 38 to 41, 46, 48, 54.)

Claims and relief requested

The First Cause of Action alleges trademark infringement and counterfeiting under 15 U.S.C. § 1114. The Second alleges false designation of origin under 15 U.S.C. § 1125(a). The Third alleges design patent infringement under 35 U.S.C. § 271. The Fourth alleges unfair competition under New York common law. Plaintiffs ask for temporary, preliminary, and permanent injunctions; an order that the marketplace platforms disable the defendants' accounts and advertisements; the defendants' profits and enhanced damages under 15 U.S.C. § 1117, or in the alternative statutory damages under § 1117(c) of $1,000 to $2,000,000 per use of the marks; patent profits under 35 U.S.C. § 289; and attorneys' fees and costs. (Compl. paras. 51 to 79.)

Docket

With the complaint, plaintiffs filed a proposed order to show cause without emergency relief with a supporting memorandum and declarations, a motion to seal Schedule A and exhibits to two declarations, and a motion for leave to file excess pages (ECF Nos. 6 to 12).