Alfred McZeal v. Amazon.com Services LLC

I. Introduction

Before the Court is a motion to dismiss filed by Defendants and a motion for preliminary injunction filed by Plaintiff. For the reasons stated below, the motion to dismiss is GRANTED and the motion for prelimmary injunction is DENIED. Plaintiffs complaint is dismissed with prejudice.

II. Background

Plaintiff Alfred McZeal Jr., d/b/a “Smart Walkie Talkie,” brought this pro se suit, laying out thirteen claims in a voluminous 134-page complaint and seeking an injunction, declaratory relief, and $500 million m damages. Compl. FJ 73-204, ECF No. 1. Plaintiff alleges that he 1s the holder of a trademark for the “Smart Walkie Talkie” mark. Jd. J 21. Plaintiff claims that Defendant Orion Labs infringed on this trademark by labeling and marketing one of its products as a “smart walkie talkie.” Jd. FJ 25-28. Plaintiff also names Orion’s CEO, Jesse Robbins, as a defendant, as well as Amazon and Best Buy, who sold Orion’s allegedly infrmging product on its

Initials of Preparer PMC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

2:21-cv-07093-SVW-RAO 11/8/2021 No. …