Airwair International LTD., a company of the United Kingdom v. Zoetop Business Co., Limited d/b/a Shein, a Hong Kong corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AIRWAIR INTERNATIONAL LTD., A Case No. 24-cv-08437-SI

COMPANY OF THE UNITED

8 KINGDOM,

ORDER RE: MOTION TO DISMISS

9 Plaintiff, COUNTERCLAIMS AND STRIKE

DEFENSES

10 v. Re: Dkt. No. 76 11 ZOETOP BUSINESS CO., LIMITED

D/B/A SHEIN, A HONG KONG

12 CORPORATION, et al., 13 Defendants.

14 15 This litigation is the sequel to a prior lawsuit filed in this Court and subsequently settled. 16 Plaintiff AirWair International Ltd. brings claims that defendant Zoetop Business Co., Ltd., 17 operating under the trade name Shein, breached the prior settlement agreement and continues to 18 infringe on plaintiff’s intellectual property rights. For the reasons stated below, the Court DENIES 19 plaintiff’s motion to dismiss defendants’ counterclaims and the Court GRANTS in part plaintiff’s 20 motion to strike defendants’ affirmative defenses with leave to amend. 21 22 BACKGROUND 23 In 2020, plaintiff AirWair International Ltd. filed suit against Zoetop…