The South Korean global entertainment company that created Baby Shark children’s products won the latest skirmish in its trademark fight against e-commerce giant Alibaba.com.
Pinkfong Co. Inc.’s allegations are sufficient to support its various claims for trademark and copyright infringement, said Judge Dale E. Ho Thursday in an opinion for the US District Court for the Southern District of New York, rejecting Alibaba’s motion to dismiss. Pinkfong sued to prevent Alibaba and its nearly two dozen associated online platforms from selling products that allegedly infringed its Baby Shark trademarks and copyright.
- Pinkfong alleges the products Alibaba promotes via email are not authentic or being sold by authorized retailers, and “clearly use Pinkfong’s Baby Shark trademark,” Ho said
- Defendants continued to use the Baby Shark trademark after allegedly becoming aware of Pinkfong’s trademark during or before 2019, Ho said, “plausibly” causing consumers to be “confused” about the source of the products
- Pinkfong’s six claims included contributory trademark and copyright infringement, as well as vicarious copyright infringement; the company alleged that Alibaba knew about the merchants’ claimed infringements, had the ability to control them, and financially benefited from them
Epstein Drangel LLP represents Pinkfong. Weil, Gotshal & Manges LLP represents Alibaba.
The case is Pinkfong Co. Inc. v. Alibaba.com Singapore E-Commerce Pte. Ltd., S.D.N.Y., No. 1:23-cv-10967, opinion 3/27/25
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