Durham-based LED giant Cree (Nasdaq: CREE) has filed a lawsuit against another eBay seller, claiming patent infringement.
According to the civil complaint, JK Boonton Supply, a New Jersey company operated by Yong Jin Zheng (who, along with his firm, is listed as a defendant) sells items on eBay under multiple IDs such as jkgiftsstore and jkmailers. And in January, Cree alleges it was able to purchase flashlights bearing the Cree logo from JK, despite JK having never been authorized to manufacture, copy, sell, import, market or distribute any Cree merchandise. An inspection of the items found them to be counterfeit, according to the suit.
“Defendants’ egregious and intentional use and sale of fake and counterfeit items bearing (Cree’s) trademarks is likely to cause confusion, or to cause mistake, or to deceive, mislead, betray, and defraud consumers who believe that (JK’s) items are authentic products manufactured by (Cree),” the suit reads.
Cree, which is demanding a jury trial, is asking for injunctive relief, monetary damages, profits and attorneys’ fees. And it’s asking for $2 million per counterfeit mark per type of goods sold, offered or distributed.
The latest suit was filed Feb. 24. The company has been increasingly aggressive in its patent protection efforts against these types of sellers, as this is just the latest suit to be filed against an e-retailer.