SnoreRx maker Apnea Sciences sues Snorelux over a registered product image, false CMI, and a DMCA counter-notice

What was filed

The complaint is Document 1 in No. 1:26-cv-01327, U.S. District Court for the District of Delaware, filed October 15, 2026. It runs 14 pages. Counsel for the plaintiff are Potter Anderson & Corroon LLP, with Workman Nydegger of counsel. The plaintiff demands a jury trial. (Compl. pp. 1, 14.)

The plaintiff is Apnea Sciences Corporation d/b/a SnoreRx, a Nevada corporation in Henderson, Nevada, that sells the SnoreRx custom-fitted adjustable anti-snoring device. The defendant is Snorelux LLC, which the complaint says is a Delaware limited liability company with a primary place of business in Surfers Paradise, Australia. The complaint pleads personal jurisdiction and venue in part on Snorelux's consent in its DMCA counter-notice. (Compl. paras. 5 to 6, 8 to 12.)

What the complaint alleges

It alleges SnoreRx registered an image of its product on November 1, 2024 as VA 2-420-683, that since at least August 15, 2025 Snorelux has sold knock-offs, and, on information and belief, that Snorelux used the image on snorelux.com and its packaging until Shopify removed it around October 3, 2026 under SnoreRx's DMCA complaint. It alleges Snorelux placed its own brand names, logos, watermarks, and copyright notices on the copies. It alleges that on or about October 3, 2026 Snorelux stated under penalty of perjury, in a DMCA counter-notice, that it had "a good faith belief that the affected content was removed as a result of a mistake or misidentification," and that this statement was false. (Compl. paras. 15 to 16, 19 to 27, 47.)

Counts and relief

Count I alleges willful infringement of VA 2-420-683 under 17 U.S.C. 106 and 501. Count II alleges false copyright management information under 17 U.S.C. 1202(a)(1), with damages under 17 U.S.C. 1203(c)(2) or (c)(3). Count III alleges knowingly false statements in Snorelux's DMCA counter-notice in violation of 17 U.S.C. 512(f). The prayer seeks actual damages and profits or statutory damages, injunctions against further infringement and 1202 violations, fees under 17 U.S.C. 1203(b)(5) and 512(f), and costs. No damages total is stated. (Compl. paras. 30 to 62; pp. 12 to 14.)