Tangle, Inc. v. Buffalo Games, LLC

BACKGROUND

23 A. Amended Complaint Allegations 24 Plaintiff is a California toy manufacturer and distributor headquartered in the Northern 25 District of California. (Dkt. No. 43 ¶ 6.) Plaintiff owns a trademark for its “TANGLE” products 26 27 covered by United States Trademark Registration No. 1,779,055, which has been substantially and continuously promoted since 1993. (Dkt. No. 43 at ¶ 1.) Plaintiff also owns all exclusive rights in various copyrights for TANGLE products. (Id.) Defendant is a New York limited liability corporation that produces games and puzzles with its principal place of business in Buffalo, New York. (Dkt. No. 43 at ¶ 11.) As in the original complaint, Plaintiff alleges Defendant sells its “Chuckle & Roar Sensory Fidget Box 10-pack,”—which includes a “Twist & Tangle” toy (the “Infringing Toy”)—at Target’s brick-and-mortar locations in California. (Dkt. No. 43 at ¶¶ 21, 29.) Plaintiff asserts Defendant also offers the Infringing Toy to California consumers online through www.target.com. (Id. at ¶ 12.) Plaintiff states the Infringing Toy appears identical to its TANGLE toys but is constructed with…