NOSSK, Inc. v. Fitness Anywhere LLC

I. BACKGROUND

4 TRX is a Delaware corporation with its principal place of business in California. See First 5 Amended Answer (“FAA”), ECF No. 39 ¶ 95. It sells suspension trainer exercise devices. See id. 6 ¶ 170. NOSSK and WONODA are California corporations with their principal place of business in 7 California. See id. ¶¶ 96–97. Wolfgang Ott is a California resident who is CEO and co-owner of 8 NOSSK, CFO of WONODA, and CEO and co-owner of WOSS Enterprises LLC (“WOSS”). See 9 id. ¶ 99. Nadia Ott, Wolfgang’s wife, is a California resident who is director and co-owner of 10 NOSSK, CEO and director of WONODA, and director and co-owner of WOSS. See id. ¶ 100. 11 NOSSK and WONODA sell exercise devices, including through Amazon.com. See id. ¶¶ 10, 119. 12 In a prior action before this Court—Fitness Anywhere LLC v. WOSS Enterprises LLC, 13 No. 5:14–cv–01725–BLF (N.D. Cal.) (the “WOSS Action”)—TRX won a judgment of 14 $13,002,462. against WOSS for patent and trademark infringement. See WOSS Action, 15 ECF No. 305. WOSS declared bankruptcy before judgment was issued. See WOSS Action, ECF 16 No. 253. 17 On November 17, 2021, NOSSK filed the present…