Tesla, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified On Schedule A

AMENDED COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A filed in response to Order Granting Motion for Leave, filed by Tesla, Inc..(Guerra, Richard) (Entered: 07/02/2024)

PAPERLESS ORDER. On May 2, 2024, this Court directed Plaintiff to show cause as to why joinder of the fifty-five (55) individuals identified on Plaintiff's Schedule A is proper. [ECF No. 11]. On May 16, 2024, Plaintiff filed its Response. [ECF No. 12]. Upon review of the pleaded facts and Response, the Court is not persuaded that Defendants' conduct is sufficiently and logically connected such that the Court can determine that each Defendant's conduct arises out of the same transaction or occurrence or series of transactions or occurrences. This action is, in fact, dissimilar to In Animaccord Ltd. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A", Case No. 0:22-cv-60956-KMM, (S.D. Fla. 2022). Though Plaintiff here alleges that Defendants all used the same marketplace platform, it does not allege that the products having identical or similar infringing marks, product descriptions, packaging, or pricing like in Animaccord. "[S]imply committing the same type of violation in the same way does not link defendants together for the purposes of joinder." Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1353 (S.D. Fla. 2023) (internal citation and quotation omitted). Therefore, the Court finds that joinder of the fifty-five (55) Schedule A Defendants is not proper here. Plaintiff shall, within fourteen (14) days of this Order, file an amended complaint consistent with this Order. Signed by Judge Darrin P. Gayles on 6/20/2024. (bs00) (Entered: 06/20/2024)

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 55 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" (Defendants) "are promoting, selling, reproducing, offering for sale, and distributing goods using counterfeits and confusingly similar imitations of Plaintiff's trademarks within this district through various Internet based e-commerce stores and fully interactive commercial Internet websites." [ECF No. 1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another...." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before May 16, 2024, Plaintiff shall file a memorandum showing why joinder of the 55 Defendants is proper. Signed by Judge Darrin P. Gayles on 5/2/2024. (bs00) (Entered: 05/02/2024)

Notice of Filing Sealed Schedule A to the Complaint re DE# 9 Order on Motion to Seal, by Tesla, Inc.. (Attachments: # 1 Exhibit Schedule A to the Complaint) (Guerra, Richard) Unsealed on 9/24/2024 per DE#30. (scn) (Entered: 05/01/2024)

PAPERLESS ORDER granting 4 Motion to File Under Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles on 5/1/2024. (bs00) (Entered: 05/01/2024)

MOTION to Seal Schedule A to the Complaint per Local Rule 5.4 by Tesla, Inc.. (Attachments: # 1 Text of Proposed Order) (Guerra, Richard) (Entered: 04/10/2024)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint) (nan) (Entered: 04/05/2024)

COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17424285, filed by Tesla, Inc.. (Attachments: # 1 Civil Cover Sheet)(Guerra, Richard) (Entered: 04/04/2024)