Memorandum and Order The plaintiffs in this trademark infringement action voluntarily dismissed the case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The defendants thereafter filed a motion to recover their costs, including attorneys’ fees, pursuant to Federal Rule of Civil Procedure 41(d)(1), and asserting the plaintiffs’ purported bad faith in pursuing their claims. The plaintiffs filed a cross-motion for attorneys’ fees and costs, asserting the defendants’ purported bad faith. For the reasons herein, the defendants’ motion is DENIED, and the plaintiffs’ motion is DENIED. Background This case was initiated July 7, 2020 by four plaintiffs: Iberia Foods Corporation (“Iberia”); North Shore Bottling Company, Inc.; Brooklyn Bottling of Milton, New York, Inc.; and International World Foods Corporation (collectively, “Plaintiffs”). (See generally ECF No. 1, Complaint.) Plaintiffs named three defendants: Latinfood U.S. Corporation (“Latinfood”); J. Wilson International, Inc.; and Wilson Zuluaga. (Id.) The parties subsequently stipulated to J. Wilson International, Inc.’s dismissal (ECF No. 26, Stipulation and Order of Partial Dismissal), leaving Latinfood and Wilson Zulaga and the only remaining defendants (together, “Defendants”). Plaintiffs alleged that Iberia had an exclusive agreement with Bavaria, S.A. (“Bavaria”), a corporation based in Colombia that is not a party in this action, to distribute Bavaria’s Pony Malta brand beverages in certain states in the United States. (ECF No. 30, Amended Complaint (“Am. Compl.”), 16.)1 Pony Malta beverages are non-alcoholic carbonated beverages that are manufactured in Colombia, and they are popular with the Colombian community in the United States. (Id.
16-17, 23.) Bavaria obtained United States trademarks for the Pony Malta brand in 1990 and in 2011. (Id.
