I've been on another hearing call today. Different judge. One that's questioned joinder in Florida courts.
It was going so well, really challenging Plaintiffs counsel about the case. The judge even said I need to figure out a way to deal with these cases because the argument that it save the court time is not true. Tthe clerks are still having to do a lot of the same amount of work that they would do if they filed separately. Particular at default judgement.
Then I got excited. The judge says, in regards to the defendants that are on the hearing call, I will sever them from this case.
The Plaintiff has been told they have to pay a separate filing fee for each of them unless there is some sort of settlement.
The judge then gave each of the Defendants on the call the opportunity to speak and defend themselves.
It then went out the window a little.
🧵
The Plaintiff put up the screenshot evidence, & the judge decided that as the word was in the title of the product and the design was what you associate with the trademarked word, it seemed like infringement. No mention of it being willful or not, or any possible confusion, fair use, ornamental use etc.
The judge told all the defendants the preliminary injunction is still ordered against them all, even though they're all not related.
Their cases would be continued individually.
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Lady