NYC Firm Is Accused Of Sex Toy Bootlegging

MARCH 25--A manufacturer of “fantasy-themed sex toys” has accused an upstart Brooklyn, New York firm of knocking off its distinctive designs, according to a federal lawsuit alleging that the defendant has infringed on copyrights for dildos such as “Spritz the Seadragon” and “Tyson the Water Buffalo.”

In a March 20 complaint filed in U.S. District Court in Arizona, Bad Dragon Enterprises contended that its “sculptural” products have been illegally copied by SinSaint, which is headquartered in a Coney Island warehouse and advertises that all its “Ethically Manufactured” toys are “made in Brooklyn, USA.”

Bad Dragon, which noted that it has had “significant commercial success” in the adult toy field, alleged that SinSaint has been selling the duplicative dildos through its website and other trade channels, including the recent AVN Adult Entertainment Expo in Las Vegas (where the new firm’s exhibitor booth was next to that of the all-nude Palomino strip club).

The lawsuit identifies 13 separate dildos that Bad Dragon claims have been copied (and renamed) by SinSaint, which was incorporated in New York last year. The colorful silicone toys feature scales, tentacles, suction cups, and other design elements meant to mimic the genitalia of dragons, sea creatures, and other fantastical characters.

Some of the Bad Dragon products that SinSaint is accused of swiping are “Kelvin the Ice Dragon,” “Stan the T. Rex,” and “Vergil the Drippy Dragon.” SinSaint has not been accused of pirating other Bad Dragon offerings like “Jason the Demogorgon” or “Cuttlefish of Cthulhu.”

According to the lawsuit, SinSaint’s counsel last month stated that the company had begun removing “some of the allegedly infringing listings for product redesign.” This response, Bad Dragon contended, was “unacceptable,” adding that it “continues to be harmed by Defendant’s ongoing, unlawful conduct.”

The Bad Dragon complaint seeks an order enjoining SinSaint from continuing any further alleged copyright infringement and seeks “disgorgement of all of Defendant’s profits” related to the artificial penises. The company may also seek statutory damages of up to $150,000 for each of the dildos in question.

For more than a decade, Bad Dragon has sought trademark and copyright protection for various product lines. While often successful, the firm’s application to trademark its “Cum Tube” was abandoned after a government attorney rejected the ejaculating dildo because the “applied-for mark consists of or includes immoral or scandalous matter.” The application included a very NSFW image, which can be found on the U. S. Patent and Trademark Office website.

According to an August 2023 trademark application, SinSaint’s owner is Oleg Semenenko, 50, a resident of Brooklyn’s gated Seagate community. Semenenko lives less than a mile from SinSaint’s warehouse, which shares an address with GlobMarble, an industrial molds business for which Semenenko is listed as “manager” in a separate trademark application filed this month.

In a brief interview today, Semenenko was asked how a dildo firm grew out of his original business. “We work with rubber,” he replied. Semenenko dismissed Bad Dragon’s claim that its products were unique and original: “How can octopus hand can be your idea?” (4 pages)