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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

9 10 11 12 GABY’S BAGS, LLC, No. CR 20-00734 WHA 13 Plaintiff, 14 v.

15 MERCARI, INC., ORDER DENYING MOTION FOR

JUDGMENT ON THE PLEADINGS

16 Defendant.

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18 In this unfair competition dispute, defendant moves for judgment on the pleadings. For 19 the reasons stated below, the motion is DENIED. 20

STATEMENT

21 Defendant Mercari, Inc. promotes its web platform called Mercari.com for commerce 22 in miscellaneous goods as a venue where “anyone can sell” (Dkt. No. 4 at 5–6, 11, 15). 23 Plaintiff Gaby’s Bags, LLC generated nearly $400,000 over two years selling handbags on the 24 platform, until Mercari terminated plaintiff’s account, isolated her from her customer base, and 25 prevented further sales (id. at 23). 26 The complaint alleges unfair competition (Dkt. No. 4 at 2). Plaintiff’s complaint 27 1 No. 4 at 2). The complaint alleges a scheme set forth by the website to “entrench” the 2 customer bases of successful accounts (id. at 19–22, 24). The complaint claims relief under 3 Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat.…