Low Tech Toy Club, LLC v. 1688 3C Electronics Direct Store
1:25-cv-04257
S.D.N.Y.Jul 10, 2025Background
- Plaintiff, Low Tech Toy Club, LLC d/b/a The Woobles, manufactures and sells beginner-friendly crochet kits featuring distinctive branding and copyrighted designs.
- Plaintiff owns U.S. trademark registrations for "THE WOOBLES" and related marks, as well as a copyright in a signature design (Pierre the Penguin).
- Defendants are numerous vendors operating storefronts on AliExpress and similar platforms, accused of selling products bearing counterfeit Woobles marks and infringing copyrighted Woobles works.
- Plaintiff alleges substantial harm from Defendants' ongoing sale of counterfeit products, including reputational damage and lost sales.
- Plaintiff sought emergency ex parte relief: a temporary restraining order (TRO), asset freeze, alternative service, expedited discovery, and an order to show cause for why preliminary relief should not issue.
- Court considered evidence of Defendants’ evasive conduct, risk of evidence/proceeds dissipation, and urgency due to ongoing infringement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TRO and Asset Freeze | Urgent relief is needed to stop counterfeiting and prevent dissipation of assets | Not yet heard | TRO and asset freeze granted against Defendants |
| Trademark/Copyright Infringement | Defendants use marks/artworks confusingly similar to Woobles’ registered rights | Not yet heard | Plaintiff likely to succeed; granted relief |
| Alternative Service (Rule 4(f)) | Conventional service unworkable; urgency justifies electronic alternative | Not yet heard | Alternative electronic service approved |
| Expedited Discovery and Order to Show Cause | Needed to identify full scope of infringing activities and assets | Not yet heard | Expedited discovery and order to show cause granted |
Key Cases Cited
- Safavieh Intl, LLC v. Chengdu Junsen Fengrui Tech. Co., Ltd., 2023 WL 3977505 (S.D.N.Y. 2023) (Hague Convention applies only if address is "known"; alternative service may be available otherwise)
- Pinkfong Co., Inc. v. Avensy Store, 2023 WL 8531602 (S.D.N.Y. 2023) (threshold for "known" address under Hague Convention)
(Note: No official reporter citations are provided within the opinion's key case references.)