Issue No. 072 · Story 02 · November 2, 2026

Audi of America Sues Everbright Over Toy Cars

On October 28, Audi of America, Automobili Lamborghini America and Volkswagen Group of America sued Everbright Trading and Lisen Pan in federal court. The complaint alleges Everbright imports and sells toy cars bearing counterfeit brand marks and copies the real vehicles' look. As of November 2, no court has ruled on any claim.

§Some of the brands' registrations cover toy cars, the complaint says.
§The complaint says Everbright replied to a cease and desist letter that it had stopped, but an August 24 invoice shows it had not.
§The plaintiffs seek injunctions and statutory damages of up to $2 million per counterfeit mark per type of goods.

THE TAKEAWAY

The counterfeiting claim turns on whether the toy cars carry marks substantially indistinguishable from registered marks, a distinction tied to statutory damages. A separate question is whether the real cars' shape and styling, reproduced in miniature, qualify as protectable trade dress.

Filing: ESCA Filings

Same issue

Cate Blanchett Asks Court to Consider OpenAI Licensing Brief

On October 30, Cate Blanchett, Steven Soderbergh and Nick Hexum joined six organizations seeking permission to file a proposed friend-of-the-court brief in copyright owners' case against OpenAI and Microsoft. The proposed brief argues that licensing for AI training is workable and already happening. As of November 2, no court has decided the merits or granted permission to file the brief.

Cardsmiths Challenges Mickey Mantle Rights Claims

Cardsmiths filed a federal complaint against Danny Mantle, William Mantle and others on October 28 over letters to retailers about its Mickey Mantle trading card. It alleges the letters asserted trademark and publicity rights the defendants do not hold and caused retailer cancellations, returns and concessions. As of November 2, no court has decided the merits of any claim.

Right of Publicity