BREAKING NEWS: JUDGE GRANTS FIRST TEXAS PRODUCTS SIX-WEEK EXTENSION TO SERVE SAN FRANCISCO-BASED BLUE MARBLE PRODUCTS, LLC; BLUE MARBLE'S patiobloom.com ACCUSED OF CONSPIRACY TO IMPORT AND SELL COUNTERFEIT CHINESE METAL DETECTORS.
SHATTERED! CALIFORNIA SECRETARY OF STATE SUSPENDS BLUE MARBLE'S OFFICIAL CORPORATE STATUS!
An order issued this afternoon, February 15, 2018, by United
States District Judge Phillip R. Martinez of the Western District of Texas, granted plaintiff First Texas Products an additional six weeks to serve defendants Blue Marble Products, LLC (d/b/a patiobloom.com) and Costway.com, Inc. in a civil suit filed late last year.
First Texas, in its November 2, 2017 complaint against Shanghai Electronic, Blue Marble Products, LLC (d/b/a patiobloom.com), Costway.com, Thesellingpost.biz, and Shanghai Zhangdu Electronic Commerce, d/b/a “King Detector”, alleged Shanghai Electronic was manufacturing, marketing and distributing metal detectors that are “indentical in appearance and designed to products designed, manufactured and distributed by First Texas.”
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According to the complaint, the actual First Texas trademark was removed from the machines and packaging, but the products and printed material, which include copyrighted artwork and literature, were alleged to be “exact copies of First Texas/ products and protected intellectual property.”
Shanghai Electronic, in a conspiracy with Blue Marble Products, LLC and the other named defendants, is allegedly “involved in facilitating the ongoing and unrestrained commercial importation of counterfeit metal detectors.”
First Texas is the registered owner of the Bounty Hunter® trademark: Bounty Hunter® is a line of metal detectors used by both amateurs and professionals in the United States and abroad. The company alleges that Shanghai Electronic, in a blatant attempt to profit from First Texas’ substantial investment in its products, has “acted and continues to act in concert with various individuals and entities”, including Peter Franklin’s Blue Marble Products, LLC.
Claims include copyright infringement and unfair competition; First Texas is seeking a permanent injunction restraining defendants, including Blue Marble Products, LLC, from “importing, purchasing, distributing, selling, or offering for sale” any counterfeit metal detectors.
In addition, First Texas is seeking a judgment covering attorney fees, court costs and triple damages.
This particular Blue Marble site, patiobloom.com, is still online, but Blue Marble Products, LLC (as an official California business entity) no longer legally exists.
Crazy, huh?
Defendant Blue Marble Products, LLC (d/b/a patiobloom.com) was a company organized under the laws of the State of California, under registered agent Peter Franklin at 1328 Mission Street #9, San Francisco, California—until just a few days ago, when the California Secretary of State suspended the business, taking away its privilege to legally operate in the state.
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While it's unclear why Blue Marble's business entity was suspended, the impact of a California corporation being placed in suspended status is substantial.
When a corporation is suspended, it has lost all rights and privileges as a corporation and cannot legally operate.
In that regard, technically a suspended corporation is required to close its business and stop all business-related activity.
Moreover, a suspended corporation cannot sue or defend any action in court.
Furthermore, a suspended corporation that provides a service, or goods, to third parties while suspended may not be able to collect payment for such services or goods since the suspended corporation technically was not permitted to engage in any business transactions.
Including those 90+ shady e-commerce sites Blue Marble runs, too.
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Now that's some monkey business!
SHATTERED! CALIFORNIA SECRETARY OF STATE SUSPENDS BLUE MARBLE'S OFFICIAL CORPORATE STATUS!
An order issued this afternoon, February 15, 2018, by United
 |
First Texas, in its November 2, 2017 complaint against Shanghai Electronic, Blue Marble Products, LLC (d/b/a patiobloom.com), Costway.com, Thesellingpost.biz, and Shanghai Zhangdu Electronic Commerce, d/b/a “King Detector”, alleged Shanghai Electronic was manufacturing, marketing and distributing metal detectors that are “indentical in appearance and designed to products designed, manufactured and distributed by First Texas.”
Shanghai Electronic, in a conspiracy with Blue Marble Products, LLC and the other named defendants, is allegedly “involved in facilitating the ongoing and unrestrained commercial importation of counterfeit metal detectors.”
First Texas is the registered owner of the Bounty Hunter® trademark: Bounty Hunter® is a line of metal detectors used by both amateurs and professionals in the United States and abroad. The company alleges that Shanghai Electronic, in a blatant attempt to profit from First Texas’ substantial investment in its products, has “acted and continues to act in concert with various individuals and entities”, including Peter Franklin’s Blue Marble Products, LLC.
Claims include copyright infringement and unfair competition; First Texas is seeking a permanent injunction restraining defendants, including Blue Marble Products, LLC, from “importing, purchasing, distributing, selling, or offering for sale” any counterfeit metal detectors.
In addition, First Texas is seeking a judgment covering attorney fees, court costs and triple damages.
This particular Blue Marble site, patiobloom.com, is still online, but Blue Marble Products, LLC (as an official California business entity) no longer legally exists.
Crazy, huh?
Defendant Blue Marble Products, LLC (d/b/a patiobloom.com) was a company organized under the laws of the State of California, under registered agent Peter Franklin at 1328 Mission Street #9, San Francisco, California—until just a few days ago, when the California Secretary of State suspended the business, taking away its privilege to legally operate in the state.
While it's unclear why Blue Marble's business entity was suspended, the impact of a California corporation being placed in suspended status is substantial.
When a corporation is suspended, it has lost all rights and privileges as a corporation and cannot legally operate.
In that regard, technically a suspended corporation is required to close its business and stop all business-related activity.
Moreover, a suspended corporation cannot sue or defend any action in court.
Furthermore, a suspended corporation that provides a service, or goods, to third parties while suspended may not be able to collect payment for such services or goods since the suspended corporation technically was not permitted to engage in any business transactions.
Including those 90+ shady e-commerce sites Blue Marble runs, too.
Now that's some monkey business!