“Baby Shark” is a worldwide hit with toddlers and young children. Smart Study Co., Ltd. (South Korea) initiated legal proceedings in New York against more than a hundred defendants, individuals, and companies based in China, for infringement of the BABY SHARK trademark and copyright. The dazzling worldwide success of “Baby Shark” has generated a wave of counterfeit products sold in particular on Alibaba and AliExpress. Smart Study’s request seeks provisional measures against the defendants.
First, the court decided that it had jurisdiction according to Article § 302 (a) (1) of N.Y. C.P.L.R. (nysenate.gov). The plaintiff demonstrated that the “Baby Shark” goods were, in fact, shipped to New York. In addition, the court clarified that the defendants act, on Alibaba and AliExpress, as a business and not simply as occasional sellers.
Finally, the court granted the injunction requested by Smart Study on the ground that the trademark infringement constitutes irreparable damage: “Irreparable harm exists in a trademark case when the party seeking the injunction shows that it will lose control over the reputation of its trademark… because loss of control over one’s reputation is neither calculable nor precisely compensable” (US Polo Ass’n, Inc. v. PRL USA Holdings, Inc., 800 F. Supp . 2d 515, 540 (SDNY 2011)). Plaintiff also has demonstrated a likelihood of success on the merits of its trademark and copyright claims.
Smart Study Co., Ltd. v. A Pleasant Trip Store et al., N.Y.D.C. Southern District, 1: 20-cv-01733 (MKV)