'Nothing New' in Xfinity Mobile's Proposed 2nd Amended Complaint, Says GGT

Xfinity Mobile attempted for a third time to assert civil conspiracy and trademark claims against phone reseller GlobalguruTech and owner Jakob Zahara but “failed to address the deficiencies in these claims this Court has pointed out twice before,” said the defendant’s response (docket 2:22-cv-01950) to the plaintiff’s motion for leave to file a second amended complaint (SAC) in U.S. District Court for Arizona in Phoenix. Xfinity's Nov. 16, 2022, complaint alleges GGT, Zahara and their co-conspirators are handset traffickers who exploit financial incentives to acquire phones by using unlawful methods to circumvent the procedures put in place to protect Xfinity Mobile and its legitimate customers -- and then resell the phones for substantial profit. On June 14, a court order granted in part GGT’s motion to dismiss and dismissed without prejudice counts four, 10, 11 and 12, said the response. Xfinity Mobile filed an amended complaint July 7, and because it again alleged the same claims “with very few changes,” the court dismissed those counts, too, in January, said the response. Now, “with very few material changes,” Xfinity asserts the counts again, it said. The civil conspiracy claim, count four, fails because the SAC “still contains insufficient factual matter to indicate a conspiracy is plausible,” the response said. Also, Zahara and his limited-liability customers are still the only named defendants in the lawsuit, and Zahara “can’t have a conspiracy with himself,” it said. The remaining trademark infringement claims fail because GGT’s use of the Xfinity logo “still falls within the parameters of nominative fair use,” it said. "There is nothing new in the proposed Second Amended Complaint that should change the Court’s prior analysis of these claims."