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Golden Goose Deluxe Brand v. Aierbushe

Defendants Misjoined Under FRCP 20 But Judicial Economy Disfavors Severence

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MEMORANDUMOPINION AND ORDER On March 21, 2019, Plaintiff Golden Goose Deluxe Brand d/b/a Golden Goose SPA (“Golden Goose”) commenced this lawsuit under seal against 78 Defendants seeking, inter alia, a temporary restraining order (“TRO”); an order to show cause why a preliminary injunction should not be issued; an asset restraining order; an order authorizing alternative service; and an order authorizing expedited discovery. Plaintiff brings causes of action for trademark counterfeiting, infringement, false designation of origin, and related claims, pursuant to the Lanham Act, 15 U.S.C. §1051 et seq., and state law. See Compl. Upon receipt of the Complaint, the Court ordered Plaintiff to show cause why all Defendants except one should not be dropped for misjoinder, pursuant to Federal Rules of Civil Procedure 20 and 21.For the following reasons, the Court will not drop any Defendants at this time. Although the Court does not believe that joinder complies with Rule 20, considerations of judicial economy counsel against severance at this juncture. This ruling, however, is without prejudice to any Defendant moving for severance at a later date. By separate orders today, the Court will enter a TRO and grant Plaintiff’s other applications. This opinion will remain under seal until the Court orders otherwise.I. Background¹Plaintiff is a manufacturer of high-end shoes and other fashion accessories. See Compl.

7-10. Plaintiff distributes its products using several registered trademarks. See id. Defendants are users on Wish.com, an online marketplace and e-commerce platform, that have allegedly sold or offered for sale counterfeit versions of Plaintiff’s products. See id.

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