Freelancer International Pty Limited v. Upwork Global, Inc.

BACKGROUND

18 On August 31, 2020, plaintiffs Freelancer Technology Pty Limited (“Freelancer Tech”) and 19 Freelancer International Pty Limited (“Freelancer Intl”) (collectively “plaintiffs” or “Freelancer”) 20 filed the instant action as well as a motion for a temporary restraining order (“TRO”) and a 21 preliminary injunction. Dkt. Nos. 1 (Compl.) and 7 (Mot.). The complaint alleges ten causes of 22 action1 against defendants Upwork Inc. and Upwork Global Inc. (collectively “defendants” or 23 “Upwork”). Dkt. No. 1 (Compl.). The Court denied plaintiffs’ motion for a TRO and granted in 24 part and denied in part plaintiffs’ request for expedited discovery. Dkt. No. 29 (Order).

26 1 The ten causes of action are: (1) Counterfeiting; (2) Federal Trademark Infringement; (3) Federal Unfair Competition; (4) California Unfair Competition; (5) Common Law Unfair 27 Competition; (6) Common Law Trademark Infringement; (7) Common Law Trade Name Plaintiffs and defendants are competitors – both offer software platforms matching freelancers with freelancing jobs. Dkt. No. 1 ¶¶ 45, 50. Freelancer Limited, which wholly owns plaintiffs, was…