The complaint

Dinh v. The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, No. 4:26-cv-01599-ALM (E.D. Tex.), was filed October 29, 2026. It is an 11-page verified complaint; Dinh signed the verification on October 27, 2026, in Hanoi, Vietnam. The plaintiff, Van Trung Dinh, is an individual and a citizen of Vietnam who resides in Hanoi. The complaint says Schedule A, filed under seal, identifies 115 defendants operating 103 Amazon storefronts, one eBay storefront, and 11 Walmart storefronts. It alleges, on information and belief, that the defendants reside or operate in foreign jurisdictions, including the People's Republic of China, or redistribute products from the same or similar sources in those locations. (Compl. caption; paras. 8, 10 to 13; Verification.)

The work

The complaint alleges Dinh is the sole author and the copyright claimant of the two-dimensional artwork Christmas Snowman, Registration No. VA 2-528-288, which he completed on or about July 16, 2026 and first published in the United States on August 11, 2026, with an effective registration date of October 20, 2026. The Copyright Office public record lists Dinh as author and claimant, describes the material included as human-authored 2-D artwork, modifications, and selection, coordination, and arrangement of visual elements, and excludes AI-generated image components. The complaint alleges that the only AI-generated and unprotected aspect of the work is the bare snowman, and that the defendants' cards copy the human-authored expression, including the eyes, smile, scarves, trees, light bulbs, and gift boxes added to the snowman. (Compl. paras. 2, 9, 14 to 18, 28.)

What the complaint alleges

The complaint alleges that each defendant, without authorization, reproduced the work on greeting cards, displayed it in product images on its storefront, and offered for sale, sold, and distributed the cards. It says screenshots of each listing, captured on or about October 25, 2026, are in Exhibit B, which it says will be filed under seal, and it shows a side-by-side comparison of the work and one defendant's card. It alleges access because Dinh published the work in the United States on August 11, 2026, and made it available through an Amazon store, and every defendant's listing appeared after that date. It alleges, on information and belief, that the defendants acted willfully and in concert, and that they share suppliers, image files, or listing templates. (Compl. paras. 5, 24 to 31.)

Claims and relief

  • Count I, direct copyright infringement under 17 U.S.C. 106 and 501, by Dinh against all defendants, alleging, on information and belief, that the infringement was and remains willful. (Compl. paras. 35 to 46.)
  • Count II, contributory and vicarious copyright infringement, by Dinh against all defendants. It alleges, on information and belief, that defendants who supply image files or greeting cards to other defendants materially contribute to their infringement, and that defendants who control related storefronts have the right and ability to supervise the listings and a direct financial benefit from the sales. (Compl. paras. 47 to 53.)

The prayer asks for declarations that each defendant infringed and did so willfully; a permanent injunction under 17 U.S.C. 502 against reproducing, displaying, distributing, or selling the work or any colorable imitation, or helping others do so; impoundment and destruction of infringing copies under 17 U.S.C. 503; a sworn compliance report within 14 days after service of the judgment; actual damages and profits under 17 U.S.C. 504(b) or, at Dinh's election, statutory damages under 17 U.S.C. 504(c), enhanced for willfulness under 17 U.S.C. 504(c)(2); costs and attorneys' fees under 17 U.S.C. 505; interest; and other relief. (Compl. prayer, paras. 1 to 9.)

On the docket

The docket shows sealed documents filed with the complaint on October 29, 2026, and two more entries that day titled "Temporary Restraining Order" and "Miscellaneous Relief." Those filings are not available for free online. (Docket, ECF Nos. 2, 3, 6, 7.)