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

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GABY'S BAGS, LLC, Plaintiff, No. C 20-00734 WHA

v.

MERCARI, INC., ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY

Defendant.

JUDGMENT

15 The facts of this action have been stated in detail in prior orders and need not be discussed herein (Dkt. No. 111). In brief, defendant Mercari, Inc. promoted its web platform called Mercari.com for commerce in miscellaneous goods as a venue where “anyone can sell.” Relying on such statements, plaintiff Gaby’s Bags, LLC opened a Mercari account and began selling handbags on Mercari’s platform. In doing so, plaintiff generated nearly $400,000 over a two-year period until Mercari terminated plaintiff’s account for violating its terms of service — which barred “business accounts.” Plaintiff then brought this action in Florida state court alleging unfair competition under various Florida statutes and the Lanham Act, 15 U.S.C. § 1125(a). After removal to United States District…