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Love Grace, Inc. v. Santos

Infringement Defendants Properly Joined; Court Has Jurisdiction Over N.M. Resident

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MEMORANDUM & ORDER   Plaintiff Love Grace, Inc., a company that sells cold-pressed juices over the internet, brings this action for trademark infringement and dilution, unfair competition, and various common law torts against its partial owner and former employee, Defendant Carissa-Ann Santos; her photographer fiance, Defendant Robert Gulotta; and the new company they allegedly started, Defendant Wild Love. (Am. Compl. (Dkt. 10).) Before the court are Defendants’ Motions to Dismiss the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b). (Robert Gulotta Mot. to Dismiss (“Gulotta Mot.”) (Dkt. 16)); Carissa-Ann Santos Mot. to Dismiss (“Santos Mot.”) (Dkt. 25)); (Plaintiff’s Mem. in Opp. to Defs.’ Mots. to Dismiss (“Opp.”) (Dkt. 31).) Plaintiff contends that Ms. Santos is leveraging her control of Plaintiff’s website-related property to squeeze more than fair value out of her shares. Defendants maintain that Plaintiff’s action is an effort to press a personal grudge against them, and that it is motivated by a thirst to prevent Ms. Santos from buying out her shares at a value that recognizes the fruits of her labor. (Am. Compl. 3; Santos Mot. at 2.) For the reasons stated below, Defendants’ Motions to Dismiss the Amended Complaint are DENIED. I. BACKGROUND A. Factual Background Plaintiff Love Grace, Inc. (“Love Grace”) is a web-based company, incorporated in Delaware and with its principal place of business in New York, that sells organic, cold-pressed juices, vegetable juices and cleanses, and other nutrition-based foods and bever-ages. (Am. Compl.

11, 21-22.) Love Grace owns a registered trademark in its logo. (Id.

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