A legal storm is brewing again for cross-border e-commerce sellers regarding the popular toy bubble gun products. After a temporary resolution last year, the patent infringement case has resurfaced with new legal actions that could freeze dozens of seller accounts.
On October 31, 2024, the plaintiff Huankai Gao, a Chinese Amazon seller, through the Palmer law firm, filed for a preliminary injunction seeking to freeze the accounts of 58 defendants allegedly infringing on U.S. Design Patent D962349. This marks the second wave of legal actions after last year's enforcement efforts by the Gasman law firm.
The Patent at the Center of the Dispute
The contested intellectual property is U.S. Design Patent D962349, originally filed on November 26, 2021, and officially granted on August 30, 2022. This patent protects the unique ornamental design of a toy bubble gun, meaning any similar-looking products listed after the grant date may face infringement claims.
Industry experts warn that sellers must immediately conduct thorough reviews of their product portfolios to identify potential risks. The visual similarity test for design patents considers the overall appearance rather than specific functional features.
Background: The Rise of the Toy Bubble Gun Phenomenon
Huankai Gao's "Toy Bubble Gun" became an international sensation through several strategic advantages:
- Viral Social Media Presence: The product gained massive exposure through organic sharing on platforms like TikTok, Instagram, and YouTube, creating a snowball effect of user-generated content.
- Innovative Design Features: The product's distinctive appearance combined with 69 bubble-emitting holes creates a visually striking effect. Its dual functionality as both a bubble machine and cooling fan added practical value.
- Engaging User Experience: The simple yet interactive design facilitated both solo play and group activities, making it popular for family entertainment and social gatherings.
Risk Assessment and Preventive Measures
Sellers should conduct comprehensive evaluations focusing on three critical aspects:
- Detailed comparison between their products' designs and the patent illustrations
- Verification of product listing dates against the patent grant timeline
- Documentation of design origins and supply chain authorization records
Legal professionals recommend immediate action for potentially affected sellers:
- Conduct thorough inventory audits of all similar products
- Preemptively remove questionable listings to mitigate exposure
- Seek qualified legal counsel if receiving any notice of action
- Implement stronger intellectual property screening processes for future product selection
This renewed legal action serves as a stark reminder of the growing importance of intellectual property compliance in cross-border e-commerce. Industry observers note that design patent disputes have become increasingly common as competition intensifies in the global marketplace.