Crown Cell Inc. v. Ecovacs Robotics, Inc.

BACKGROUND

I. The Second Amended Complaint

23 Plaintiff Crown Cell Inc. is a privately held business incorporated in New York, with its 24 principal place of business in Florida. Dkt. No. 21 (SAC) ¶¶ 5, 11. Crown Cell’s primary business 25 is the sale and resale of products on Amazon’s online marketplace. Id. at ¶¶ 14-16. On February 2, 26 2022, Crown Cell filed the SAC seeking a Declaratory Judgment of No Trademark Counterfeiting, 27 in addition to asserting three causes of action: (1) Fraud and Misrepresentation, (2) Breach of Express Warranty, and (3) Breach of Implied Warranties. Dkt. No. 21. As alleged in the SAC, defendant “Ecovacs[,] is a manufacturer and merchant of home robotics products, including vacuum cleaners.” Id. at ¶ 18. New England Technology Inc. (“NETi”) is alleged to be Ecovacs’s distributor. Id. at ¶¶ 18-21. The SAC alleges Crown Cell, through a series of seven transactions from August 2019 to December 2020, purchased and acquired over 8,000 vacuum cleaners from Ecovacs through Ecovacs’s distributor NETi. Id. at ¶¶ 22, 24. Crown Cell alleges Ecovacs and NETi represented the vacuum cleaners as…