The complaint
Kauat Sun LLC v. Birch Limited LLC, No. 2:26-cv-11695 (C.D. Cal.), is a 6-page complaint filed October 7, 2026, ECF No. 1, with a demand for jury trial. The complaint refers to the plaintiff in its text as Kauai Sun LLC ("Kauai Sun") and describes it as a California limited liability company based in Saratoga, California, that designs and creates consumer goods, party supplies, and stationery and uses the brand name "Kauai Sun" on online marketplaces, including Amazon. It alleges, on information and belief, that Birch Limited LLC is a Florida limited liability company based in Fort Lauderdale, Florida. It pleads jurisdiction under 28 USCS §§ 1331 and 1338 and, on information and belief, personal jurisdiction because the defendant offered for sale and sold the accused products through Amazon to customers in the district. It pleads venue under 28 USCS §§ 1400 and 1391. (Compl. caption; paras. 1 to 8.)
The work
The complaint alleges that Kauai Sun created the original pictorial or graphic work titled "Game Blue Party" in 2024, that it is identified in the registration certificate as the author and claimant, and that the work was registered as part of a group of unpublished works under Registration No. VAu 1-527-695, with an effective registration date of March 21, 2024, and a registration decision date of June 3, 2024 (Exhibit A). The Copyright Office public record for VAu001527695 shows the title "1. Game Blue Party and 4 Other Unpublished Works," a group of five unpublished works of visual material created in 2024, registered March 21, 2024, with Kauai Sun LLC as author (employer for hire) and claimant and authorship of pictorial or graphic works. (Compl. paras. 4, 5, 9 to 11; U.S. Copyright Office public record.)
What the complaint alleges
The complaint alleges that Kauai Sun used figures from the work to create and sell a product identified as 9pcs Game Party Honeycomb Centerpieces through Amazon in or about October 2025, and that it has not authorized the defendant to copy, reproduce, manufacture, duplicate, disseminate, distribute, or sell the work or products incorporating it. It alleges, on information and belief, that in or before September 2026 the defendant marketed, manufactured, distributed, duplicated, and/or sold through Amazon party-supply products identified as "6Pcs Roblo-x Party supplies set Honeycomb Centerpieces." It alleges, on information and belief, that the accused products bear designs substantially similar to the work and to Kauai Sun's "9pcs Game Party Honeycomb Centerpieces," and that they were offered for sale and sold without the plaintiff's consent. The complaint shows images of both products. (Compl. paras. 12 to 16.)
The count and relief
Count I, Copyright Infringement, alleges that the defendant, without authorization, copied, reproduced, distributed, displayed, offered for sale, and/or sold products containing designs substantially similar to protected expressive elements of the work, infringing the plaintiff's exclusive rights under the Copyright Act, 17 USCS § 501, and causing harm including loss of sales, loss of profits, diversion of trade, and injury to goodwill. The prayer asks for judgment that the defendant infringed the copyright in the work; preliminary and permanent injunctions against copying, reproducing, manufacturing, importing, advertising, marketing, distributing, offering for sale, selling, or otherwise using the work or any substantially similar work; impoundment and destruction of infringing copies and the materials used to make or distribute them; actual damages and the defendant's profits or, at the plaintiff's election, statutory damages as permitted by law; prejudgment and post-judgment interest; reasonable attorneys' fees and costs; and other relief the court deems just and proper. (Compl. paras. 17 to 22; Prayer paras. A to G.)