Lacoste Alligator S.A. v. The Individuals, Business Entities, and Unincorporated Associations
| Lacoste Alligator S.A. |
| The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A", cteefashion.com, fanaticity.com, ifashionshirt.com, kamalaharrisgearusa.com, lovenemotee.com, lovingsquad.com, nowbestshirt.com, serenashirt.com and wildfoxtee.com |
| 1:2025cv20243 |
| January 16, 2025 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 13, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule "A". (drz) |
Filing 23
ORDER granting #11 Motion for Preliminary Injunction. Signed by Judge Darrin P. Gayles on 2/12/2025. See attached document for full details. (kpe)
|
| Filing 22 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Lacoste Alligator S.A.. (Attachments: #1 Exhibit 1 to Amended Complaint - Certificates of Registration for the Lacoste Trademarks)(Gaffigan, Stephen) |
| Filing 21 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 / [email protected]. (hs01) |
| Filing 20 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 (Gaffigan, Stephen) |
| Filing 19 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 (Attachments: #1 Exhibit Certificate of Sevice) (Gaffigan, Stephen) |
|
Filing 18
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)
|
| Filing 17 Plaintiff's MOTION to Unseal Case by Lacoste Alligator S.A.. Responses due by 2/12/2025. (Attachments: #1 Text of Proposed Order)(Wiborg-Rodriguez, T.) |
| Filing 16 NOTICE of Filing Bond by Lacoste Alligator S.A. (Attachments: #1 Bond) (kpe) |
|
Filing 15
ORDER granting #12 Motion for Alternate Service. Signed by Judge Darrin P. Gayles on 1/28/2025. See attached document for full details. (kpe)
|
|
Filing 14
ORDER granting #11 Ex Parte Temporary Restraining Order. Motion Hearing set for 2/11/2025 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 1/28/2025. See attached document for full details. (kpe)
|
| Civil Case Terminated. Closing Case. (kpe) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to Show Cause,,,,,,, by Lacoste Alligator S.A.. (Wiborg-Rodriguez, T.) |
| Filing 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 by Lacoste Alligator S.A.. (Attachments: #1 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #2 Exhibit 1 to the Declaration of T. Raquel Wiborg-Rodriguez, #3 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 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 by Lacoste Alligator S.A.. (Attachments: #1 Declaration of Erinda Donnelly in Support Thereof, #2 Exhibit 1 to the Declaration of Erinda Donnelly, #3 Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof, #4 Declaration of Kathleen Burns in Support Thereof, #5 Exhibit 1 to the Declaration of Kathleen Burns, #6 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 10 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.) |
|
Filing 9
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)
|
| Filing 8 Notice of Filing Proposed Summonses Under Seal re DE# 6 Order on Motion to Seal, by Lacoste Alligator S.A.. (Attachments: #1 Summon(s)) (Wiborg-Rodriguez, T.) Modified text on 1/22/2025 (kpe). |
| Filing 7 NOTICE of Sealed Filing Schedule A re DE# 6 Order on Motion to Seal,Lacoste Alligator S.A.. (Attachments: #1 Schedule "A" to Plaintiff's Complaint for Damages and Injunctive Relief) (Wiborg-Rodriguez, T.) Modified text on 1/22/2025 (kpe). |
|
Filing 6
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)
|
| Filing 5 Plaintiff's MOTION to Seal per Local Rule 5.4 by Lacoste Alligator S.A.. (Attachments: #1 Text of Proposed Order) (Wiborg-Rodriguez, T.) |
| Filing 4 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) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit) (ar24) |
| Filing 2 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) |
| Filing 1 COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18124481, filed by Lacoste Alligator S.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint - Certificates of Registration for the Lacoste Trademarks)(Gaffigan, Stephen) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
