First of all, that's not a JD product, it's a TS product.
Second, neither you nor I can't sue either JD or TS because we don't own the Tamagotchi name, Bandai does. Bandai would be the one to do the suing.
A Tamagotchi is a virtual pet made by Bandai. Bandai owns the name Tamagotchi. Nobody else can legally use this name for their product. Any product which calls itself a Tamagotchi but isn't made by Bandai is a fake. Any product which sort of resembles a Tamagotchi, but isn't called a Tamagotchi, is just another virtual pet.
It is rare to see a non-Bandai product actually packaged as a Tamagotchi. Usually they're marked as Tamogotchi (notice the difference) or Tama or some similar variation. Often however, non-Bandai virtual pets are listed on ebay as Tamagotchi.