Gaby's Bags, LLC v. Mercari, Inc.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

GABY’S BAGS, LLC,

Plaintiff,

v. Case No.: 2:19-cv-785-FtM-38MRM

MERCARI, INC.,

Defendant. /

OPINION AND ORDER1

Before the Court are the responses to an Order to Show Cause (Doc. 49) from Plaintiff Gaby’s Bags, LLC and Defendant Mercari, Inc. (Docs. 55; 61). Also here are several pending motions. For these reasons, the Court transfers the case to California.

BACKGROUND2

This is a case about selling purses online. Mercari runs an app and website where “anyone” can sell “anything.” (Doc. 4 at 1). Essentially, it’s like the Japanese eBay. To gain American market share, Mercari targets “resellers” (which are typically businesses) through internet marketing, reiterating “anyone” can sell on its platforms. (Doc. 4 at 15). But this is all a big scheme. Mercari lures resellers to stock its pages with popular products and establish a customer base. Then, Mercari boots the reseller from its platforms because it “does not offer or allow ‘business accounts.’” (Doc. 4 at 22). With

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