United States District Court, N.D. Mississippi, Greenville Division
JAMES B. COX d/b/a JC Designs d/b/a Wire N Rings PLAINTIFF
JAMES MORRIS, et al. DEFENDANTS
M. BROWN UNITED STATES DISTRICT JUDGE.
intellectual property case is before the Court on Ronaldo
Designer Jewelry, Inc.'s motion to intervene, Doc. #38,
and its motion to file an amicus brief, Doc. #42.
January 31, 2017, Ronaldo Designer Jewelry, Inc. commenced an
action in the United States District Court for the Northern
District of Mississippi against James B. Cox and Catherine A.
Cox d/b/a JC Designs d/b/a Wire N Rings, John Doe a/k/a
Leroy, and John Does Numbers 1 through 99. Ronaldo
Designer Jewelry, Inc. v. Cox, et al., No.
1:17-cv-2-DMB-DAS, at Doc. #1 (N.D. Miss.)
(“Ronaldo”). Ronaldo filed a second
amended complaint against the same defendants on April 28,
2017. Id. at Doc. #82. Ronaldo's second amended
complaint asserts copyright and trade dress infringement
claims against the Coxes based on the Coxes' sale of
certain wire bracelets. Id. Ronaldo is
still pending and is currently set for trial on July 29,
2019. Id. at Doc. #117.
February 7, 2018, James B. Cox d/b/a JC Designs d/b/a Wire N
Rings filed this action in the United States District Court
for the Northern District of Mississippi against James Morris
and James Noland d/b/a We Make It Jewelry, and Brandon
Hackett d/b/a Hackett's Handcrafted
Jewelry. Doc. #1. Of relevance here, Cox's
complaint asserts claims for copyright and trade dress
infringement based on the defendants' sale of wire
bracelets and necklace charms. Id. at ¶¶
81-114. Cox's claims are premised, in part, on a
trademark held by Cox for his “THE FAMILY
BRACELET.” Id. at ¶ 22. On December 17,
2018, Cox filed a motion for summary judgment on his claims
against Morris. Doc. #35. Morris did not respond.
December 17, 2018, Ronaldo filed a motion to intervene in
this case or, in the alternative, to delay trial in this case
until Ronaldo concludes. Doc. #33. Ronaldo's
proposed intervenor complaint asserts claims for trade dress
infringement and unfair competition against Cox, and seeks a
declaratory judgment that Ronaldo has superior rights to the
trade dress at issue and that Cox's trademark is generic
and must be canceled. Doc. #38-1. Approximately two weeks
later, on January 3, 2019, Ronaldo moved for leave to file an
amicus brief in response to Cox's motion for summary
judgment against Morris. Doc. #42. On March 19, 2019, after
full briefing on both the motion to intervene and the motion
for leave,  this case was reassigned from United
States District Judge Michael P. Mills to the undersigned
district judge. Doc. #47. Before reassignment, trial in this
case was set for July 22, 2019, before Judge Mills. Doc. #24.
Following reassignment, trial has not yet been reset before
the undersigned district judge.
Motion to Intervene or Stay
Rule of Civil Procedure 24 authorizes two types of
intervention-intervention as of right under Rule 24(a), and
permissive intervention under Rule 24(b). These rules provide
in relevant part:
(a) Intervention of Right. On timely motion, the court must
permit anyone to intervene who:
(1) is given an unconditional right to intervene by a federal
(2) claims an interest relating to the property or
transaction that is the subject of the action, and is so
situated that disposing of the action may as a practical
matter impair or impede the movant's ability to protect
its interest, unless existing parties adequately represent
(b) Permissive Intervention.
(1) In General. On timely motion, the court may permit anyone
to intervene who:
(A) is given a conditional right to intervene by a federal
(B) has a claim or defense that shares with the main action a
common question of law or fact. …
(3) Delay or Prejudice. In exercising its discretion, the
court must consider whether the intervention will unduly
delay or prejudice the adjudication of the original
are to take all well-pleaded, nonconclusory allegations in
the motion to intervene, the proposed complaint or answer in
intervention, and declarations supporting the motion as true
absent sham, frivolity or other objections.” Sw.