TRUsox Sues Schedule A Marketplace Sellers on a Sock Design Patent and Two Trademarks.

The complaint

TRUsox LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, No. 1:26-cv-09533 (S.D.N.Y.), is a 23-page complaint filed October 30, 2026, with a jury demand. The plaintiffs are TRUsox LLC, which the complaint describes as a Maryland limited liability company that specializes in grip socks and sportswear, and James Paul Cherneski, whom it describes as TRUsox's owner. It describes the defendants as individuals and businesses that, on information and belief, reside mainly in China and operate storefronts on online marketplaces including Amazon, Shein, Temu, and Walmart. The complaint says the plaintiffs are moving to seal Schedule A.

The design patent

The complaint asserts U.S. Design Patent D748,391, titled Sock With Pattern of Squares, which issued February 2, 2016 from an application filed May 2, 2014 and names James Paul Cherneski as applicant and inventor. Its single claim is to "the ornamental design for a sock with pattern of squares, as shown and described." The complaint alleges the plaintiffs are the exclusive owners or assignees of the patent and attaches it as Exhibit 2.

The accused products

The complaint alleges that the defendants advertise, market, or sell unauthorized products that embody the TRUsox marks or the design shown in the patent, and it includes a side-by-side comparison of figures from the patent with an image of an accused product sold on a defendant's storefront. It alleges that each storefront offers shipping to New York addresses in the district and attaches shopping-cart screenshots to a declaration of James Paul Cherneski.

The counts and relief

The Third Cause of Action alleges design patent infringement under 35 U.S.C. 271 and calls it willful. The other counts allege trademark infringement and counterfeiting under 15 U.S.C. 1114 on U.S. Registration Nos. 6,221,531 and 6,811,803, false designation of origin under 15 U.S.C. 1125(a), and unfair competition under New York common law. For the patent, the complaint asks for injunctive relief under 35 U.S.C. 283 and the defendants' profits under 35 U.S.C. 289, or in the alternative an award of not less than $250 under section 289 for each use of the patent. It also asks for temporary, preliminary, and permanent injunctions, an order that the marketplaces disable the defendants' accounts and advertisements, the defendants' profits with increased damages, or statutory damages, under 15 U.S.C. 1117, and attorneys' fees and costs.

The early filings

With the complaint, the plaintiffs filed a proposed order to show cause without emergency relief, a supporting memorandum and declarations, a motion to seal Schedule A and exhibits to two declarations, and a motion for leave to file excess pages, all on October 30, 2026. The docket shows a case opening initial assignment notice on November 2, 2026. TRUsox filed an earlier Schedule A suit in the same court, No. 1:26-cv-04588, whose docket shows notices of voluntary dismissal in August and September 2026.

What to watch next

Watch for rulings on the sealing motion and the proposed order to show cause, any order on service, and appearances, settlements, or dismissals as to individual storefronts. The case can end at any time, including by settlement or voluntary dismissal.