Lacoste Alligator S.A. v. The Individuals, Business Entities, and Unincorporated Associations

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A".

ORDER granting [11] Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles on 2/12/2025. See attached document for full details.

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Lacoste Alligator S.A.

PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 2/11/2025 re 11 Plaintiff's Motion for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez. Defendants did not appear. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01)

CERTIFICATE OF SERVICE by Lacoste Alligator S.A. re [15] Order on Ex Parte Motion, [4] Notice of Court Practice/to Appear/Other, [14] Order on Ex Parte Motion, [9] Order to Show Cause, [11] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof, [1] Complaint, [13] Response to Order to Show Cause, [12] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, [17] Plaintiff's MOTION to Unseal Case, [10] Certificate of Other Affiliates/Corporate Disclosure Statement, [7] Sealed Document, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [6] Order on Motion to Seal, [2] Clerks Notice of Judge Assignment, [16] Notice (Other), [3] Form AO 120/121, [8] Sealed Document upon Defendants via website posting

Plaintiff's NOTICE upon Defendants via Electronic Mail by Lacoste Alligator S.A. re [14] Order on Ex Parte Motion, [11] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof, [1] Complaint, [17] Plaintiff's MOTION to Unseal Case

PAPERLESS ORDER granting 17 Motion to Unseal Case. The Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Darrin P. Gayles on 2/4/2025. (hs01)

Plaintiff's MOTION to Unseal Case by Lacoste Alligator S.A. Responses due by 2/12/2025.

NOTICE of Filing Bond by Lacoste Alligator S.A.

Civil Case Terminated. Closing Case.

Order

RESPONSE TO ORDER TO SHOW CAUSE re [9] Order to Show Cause, by Lacoste Alligator S.A. (Wiborg-Rodriguez, T.)

Plaintiff's Corporate Disclosure Statement by Lacoste Alligator S.A. identifying Corporate Parent Maus Freres S.A. for Lacoste Alligator S.A. (Wiborg-Rodriguez, T.)

Order

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 9 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" ("Defendants") have engaged in trademark infringement in this district through the use of the e-commerce stores identified in Schedule A. [ECF No. 1]. As set forth in Schedule A, each Defendant appears to operate under a separate e-commerce store. Indeed, Plaintiff's only allegations tying Defendants to one another are that they employ substantially similar advertising and marketing and "cannot help but know of each other's existence." Id. 26, 32. 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 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 January 28, 2025, Plaintiff shall file a memorandum showing why joinder of the 9 Defendants is proper. Signed by Judge Darrin P. Gayles on 1/21/2025. (hs01)

PAPERLESS ORDER granting 5 Motion to Seal. Schedule A to Plaintiffs Complaint [ECF No. 1] and the Summonses in this matter shall be filed under seal. Within seven (7) days of completing service, Plaintiff must move to unseal Schedule A and add all of the Defendants as parties through CM-ECF. Signed by Judge Darrin P. Gayles on 1/21/2025. (hs01)

Order

Plaintiff's MOTION to Seal per Local Rule 5.4 by Lacoste Alligator S.A.

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/16/2025. (hs01)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24)

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18124481, filed by Lacoste Alligator S.A.