SEARCH

Love Grace, Inc. v. Santos

Infringement Defendants Properly Joined; Court Has Jurisdiction Over N.M. Resident

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Love Grace, Inc., a company that sells cold-pressed juices over the internet, brings this action for trademark infringement and dilution, unfair competition, and various common law torts against its partial owner and former employee, Defendant Carissa-Ann Santos; her photographer fiance, Defendant Robert Gulotta; and the new company they allegedly started, Defendant Wild Love. (Am. Compl. (Dkt. 10).) Before the court are Defendants’ Motions to Dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b). (Robert Gulotta Mot. to Dismiss (“Gulotta Mot.”) (Dkt. 16)); Carissa-Ann Santos Mot. to Dismiss (“Santos Mot.”) (Dkt. 25)); (Plaintiff’s Mem. in Opp. to Defs.’ Mots. to Dismiss (“Opp.”) (Dkt. 31).) Plaintiff contends that Ms. Santos is leveraging her control of Plaintiff’s website-related property to squeeze more than fair value out of her shares. Defendants maintain that Plaintiff’s action is an effort to press a personal grudge against them, and that it is motivated by a thirst to prevent Ms. Santos from buying out her shares at a value that recognizes the fruits of her labor. (Am. Compl. 3; Santos Mot. at 2.) For the reasons stated below, Defendants’ Motions to Dismiss the Amended Complaint are DENIED. I. BACKGROUND A. Factual Background Plaintiff Love Grace, Inc. (“Love Grace”) is a web-based company, incorporated in Delaware and with its principal place of business in New York, that sells organic, cold-pressed juices, vegetable juices and cleanses, and other nutrition-based foods and bever-ages. (Am. Compl.

11, 21-22.) Love Grace owns a registered trademark in its logo. (Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...

Apply Now ›

Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...

Apply Now ›

Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...

Apply Now ›