Colur World, LLC v. JMU Dental, Inc.

District Court, E.D. Pennsylvania·Decided July 30, 2026·No. 2:26-cv-01982·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA COLUR WORLD, LLC, Plaintiff, CIVIL ACTION v. NO. 26-1982 JMU DENTAL, INC., Defendant. OPINION Slomsky, J. July 30, 2026 I. INTRODUCTION This case arises out of Defendant JMU Dental, Inc’s (“Defendant”) alleged trademark infringement and unfair competition for using Plaintiff Colur World, LLC’s (“Plaintiff” or “Colur World”) trademarks consisting of its “COLOR PINK Mark” and its “PINK NITRILE Mark” (collectively the “PINK Marks”). (See Doc. No. 1.) Defendant uses these trademarks to sell and market disposable exam-grade gloves made of nitrile for dental use. (See id.) Additionally, Defendant sold and marketed these products nationwide on its own website, as well as through

Amazon, Net32, and eBay. (See Doc. No. 16-1 ¶ 3.) As explained more thoroughly below, Defendant has filed a Motion to Dismiss the Complaint for lack of personal jurisdiction. (Doc. No. 10.) After consideration of the allegations in the Complaint and the arguments of the parties, rather than dismiss the Complaint, the Court will transfer the case to the Central District of California for two reasons: (1) this Court does not have specific personal jurisdiction over Defendant because its actions do not satisfy either the traditional “minimum contacts” test or the Calder “effects” test; and (2) jurisdictional discovery is not appropriate because Plaintiff has not made a threshold showing that this Court may have specific personal jurisdiction over Defendant. II. BACKGROUND A. Factual Background 1. The Parties Plaintiff Colur World is a Delaware-based company that engages in selling pink medical

and dental gloves which use its trademarked PINK Marks. (Doc. No. 1 ¶¶ 1, 11.) It is “the exclusive owner of all right, title and interest in and to a trademark” of (1) the pink color used on its gloves, and (2) the wordmark “PINK NITRILE.” (Id. ¶¶ 8–9.) Since 2005, Plaintiff has sold the pink nitrile gloves and, since 2007, has licensed the right to use its color and wordmark to manufacturers and distributors. (Id. ¶¶ 11, 14.) Defendant is a California corporation that manufactures dental supplies and equipment including exam-grade nitrile gloves. (Id. ¶¶ 2, 20.) Plaintiff alleges that Defendant has unlawfully adopted its color and wordmark in order to sell Defendant’s own pink nitrile gloves through its website and other distributor websites such as Amazon.com in Pennsylvania. (Id. ¶¶ 21, 25, 27.) Plaintiff never consented to Defendant’s use of its PINK Marks. (Id. ¶ 31.)

On December 29, 2025, Plaintiff sent a cease-and-desist letter to Defendant regarding its sale of the infringing products. Despite such notice, Defendant continues to use the PINK Marks without Plaintiff’s authorization. (Id. ¶¶ 34–35.) 2. Overview of Defendant’s Sales Defendant’s Chief Executive Officer (“CEO”), Jianmin Yu, submitted two declarations describing Defendant’s contacts with Pennsylvania. (See Doc. Nos. 10-1, 16-1.) Yu states that Defendant sells the allegedly infringing pink nitrile gloves through its own website and third-party platforms, including Amazon, eBay, and Net32. (See Doc. No. 16-1 ¶ 3.) According to Yu, however, the only sales of the accused products to Pennsylvania customers were made through Amazon and Defendant’s own website. (Id.) Yu states that Defendant sold twenty-seven (27) boxes of the accused pink nitrile gloves through Amazon to Pennsylvania customers for a total of $215, representing 1.84% of Defendant’s

total Amazon sales of those gloves. (Doc. No. 10-1 ¶ 5.) Yu further states that Defendant sold an additional $192 worth of gloves through its own website to Pennsylvania customers. (Id.) According to Yu, Defendant’s combined Pennsylvania sales through Amazon and its website account for 1.51% of its total sales of the accused pink nitrile gloves. (Doc. No. 16-1 ¶ 4.) B. Procedural Background On March 26, 2026, Plaintiff filed its Complaint alleging trademark infringement (Counts I, III, and V), unfair competition (Counts II and VI), and injury to business or reputation and dilution of trademarks (Count IV). (Doc. No. 1.) On April 24, 2026, Defendant filed a Motion to Dismiss the Complaint for lack of personal jurisdiction. (Doc. No. 10.) On May 22, 2026, Plaintiff filed a Response in Opposition to Defendant’s Motion to Dismiss. (Doc. No. 13.) On June 12, 2026, Defendant filed a Response in Support of its Motions to Dismiss. (Doc. No. 25.) On July

8, 2026, the Court heard oral argument on the Motion to Dismiss and requested supplemental briefing on the issue. And on July 15, 2026, the parties filed supplemental briefs. (Doc. Nos. 20, 21.) The Motion to Dismiss is now ripe for disposition. III. STANDARD OF REVIEW Federal Rule of Civil Procedure 12(b)(2) provides that a motion to dismiss a complaint may be filed when the court does not have personal jurisdiction over a defendant. “Once challenged, the plaintiff bears the burden of establishing personal jurisdiction.” O’Connor v. Sandy Lane Hotel Co., 496 F.3d 312, 316 (3d Cir. 2007) (citation omitted). To show personal jurisdiction, a plaintiff may rely on the allegations in the complaint, affidavits, or other evidence. Metcalfe v. Renaissance Marine, Inc., 566 F.3d 324, 330 (3d Cir. 2009) (internal quotation and citation omitted). However, to “survive a Rule 12(b)(2) motion to dismiss, a plaintiff may not merely rely on the allegations in its complaint.” Deardorff v. Cellular Sales of Knoxville, Inc., No. 19-cv-2642, 2020 WL 5017522, *1–2 (E.D. Pa. Aug. 25, 2020) (emphasis in the original) (citation

omitted). If the court “does not conduct [an] evidentiary hearing . . . [the] plaintiff need only plead [a] prima facie case” of jurisdiction to defeat a motion to dismiss. Carteret Sav. Bank v. Shushan, 954 F.2d 141, 142 n.1 (3d Cir. 1992) (citations omitted). In deciding a motion to dismiss for lack of personal jurisdiction, the court “must accept all of the plaintiff’s allegations as true and construe disputed facts in favor of the plaintiff.” Id. (citations omitted). However, if the court conducts an evidentiary hearing, plaintiff must demonstrate personal jurisdiction by a preponderance of the evidence. Atiyeh v. Hadeed, No. 04-cv-2621, 2007 WL 853816, at *4 (E.D. Pa. Mar. 19, 2007). IV. ANALYSIS A federal court may assert personal jurisdiction over a nonresident defendant to the extent allowed under the law of the state in which the court sits. Fed. R. Civ. P. 4(e). Therefore, for this Court to properly exercise personal jurisdiction over Defendant, such jurisdiction must be

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Colur World, LLC v. JMU Dental, Inc., (E.D. Pa. 2026).

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