Chinese trademark owner sues Amazon sellers for alleged infringement of FOAM GLOW mark

Walter E. Hoffman US Courthouse
Walter E. Hoffman US Courthouse
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A dispute over the sale of bath toys and related goods under the FOAM GLOW brand has led to a federal lawsuit, with allegations that unauthorized online sellers are confusing consumers and damaging the reputation of the original trademark holder. The complaint was filed by Huizhou Feitao Network Technology Co. and Dongying Zhang in the United States District Court for the Eastern District of Virginia on April 3, 2026, naming Huizhou Wutai Trading Co., Ltd. and other unidentified defendants as responsible parties.

According to court documents, Dongying Zhang is identified as the owner of U.S. Registration No. 7,281,595 for the FOAM GLOW mark, which covers a range of products including bath toys, card games, toy glow sticks, and water toys. Zhang authorized Huizhou Feitao Network Technology Co. to sell these goods in the United States through an Intellectual Property License Agreement executed on September 1, 2023. The plaintiffs allege that various individuals and companies—believed to be based outside the United States—are selling similar or identical products using the FOAM GLOW name through storefronts on Amazon.com without authorization.

The complaint outlines several claims against these defendants: federal trademark infringement under the Lanham Act; unfair competition; false advertising; state law trademark infringement under Virginia statutes; and common law unfair competition. Plaintiffs argue that “Defendants have flooded the online market and Amazon.com with cheap versions of the same FOAM GLOW Goods” in a way likely to cause consumer confusion about whether these products are associated with or endorsed by them.

Plaintiffs assert that they have sold more than 80,000 units under the FOAM GLOW mark in the past year alone, generating approximately $3.5 million in revenue from these sales via authorized Amazon storefronts. They further state that positive consumer reviews referencing their brand demonstrate recognition of their mark among U.S. buyers.

The legal filing claims that defendants’ use of “FOAM GLOW” is unauthorized and intended to trade on plaintiffs’ goodwill by presenting low-quality or unlicensed goods as if they were genuine products from plaintiffs’ brands. The complaint alleges: “Defendants knowingly and intentionally import, promote, advertise, distribute… offer for sale, and sell Defendants’ Infringing Products throughout the United States.” Plaintiffs also highlight similarities between their own product listings and those used by defendants as evidence that consumers may be misled into believing there is an association between them.

The suit contends that such actions violate Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)), Section 43(a) (15 U.S.C. §§ 1125(a)), Virginia’s Trademark Registration and Protection Act (§59.1-92.1 et seq.), as well as Virginia common law protections against unfair competition.

As part of their requested relief from the court, plaintiffs seek both preliminary and permanent injunctions barring defendants from selling any goods using or resembling their registered mark through any online platforms or storefronts accessible to U.S.-based customers—including removal of all relevant listings from Amazon.com—and delivery up or destruction of all infringing materials within U.S. territory.

Additionally, plaintiffs ask for an award of profits earned by defendants through allegedly unlawful activities (with possible trebling), compensatory damages plus prejudgment interest pursuant to federal statute (15 U.S.C. § 1117(b)(2)), punitive damages sufficient to deter future violations, written reports confirming compliance with any court orders within thirty days after judgment entry, as well as any further relief deemed just by the court at trial.

Attorneys representing Huizhou Feitao Network Technology Co. and Dongying Zhang include Clinton H. Brannon (Williams Mullen), Richard T. Matthews (Williams Mullen), and Anika M. Rogers (Williams Mullen). The case is identified as Case No.: 1:26-cv-915.

Source: 126cv00915_Huizhou_Feitao_Network_Technology_Co_v_Huizhou_Wutai_Trading_Co_Complaint_Eastern_District_Virginia.pdf



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