Control Solutions, Inc. v. MicroDAQ.com, Inc.

126 F. Supp. 3d 1182, 2015 U.S. Dist. LEXIS 113598, 2015 WL 5092593
CourtDistrict Court, D. Oregon
DecidedAugust 26, 2015
DocketNo. 3:15-cv-00748-PK
StatusPublished
Cited by1 cases

This text of 126 F. Supp. 3d 1182 (Control Solutions, Inc. v. MicroDAQ.com, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Control Solutions, Inc. v. MicroDAQ.com, Inc., 126 F. Supp. 3d 1182, 2015 U.S. Dist. LEXIS 113598, 2015 WL 5092593 (D. Or. 2015).

Opinion

ORDER

HERNÁNDEZ, District Judge:

Magistrate Judge Papak issued a Findings and Recommendation [27] on July 30, 2015, in which he recommends that this Court grant Defendants’ Motion to Dismiss [17] Plaintiffs complaint for lack of personal jurisdiction. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge’s Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir.1988) (de novo review required only for portions of Magistrate Judge’s report to which objections have been made). Having reviewed the legal principles de novo, I find no error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [27], and therefore, Defendant’s Motion to Dismiss [17] Plaintiffs complaint is granted.

IT IS SO ORDERED.

FINDINGS AND RECOMMENDATION

PAPAK, United States Magistrate Judge:

Plaintiff Control Solutions, Inc, (“CSI”), brought this action against defendant Mi-croDAQ.com, Inc, (“MicroDAQ”), and ten Doe defendants in the Circuit Court of the State of Oregon for the County of Colum[1186]*1186bia on April 3, 2015. MicroDAQ removed CSI’s action to this court effective May 1, 2015. CSI subsequently amended its complaint in this court effective May 21, 2015. By and through its amended complaint, CSI alleges MicroDAQ’s liability under Oregon statutory law for unlawful business practices in two separate counts and for trademark counterfeiting in three separate counts, under Oregon common law for interference with prospective business relations, for intentional interference with economic relations, and for trademark infringement, and under federal statutory law for trademark infringement, false designation of origin, and misrepresentation. In connection with those claims, CSI seeks actual damages in excess of $1,200,000 plus trebling of damages, award of its litigation costs, disgorgement of MicroDAQ’s profits, declaratory judgment that Micro-DAQ’s complained-of conduct was unlawful, and injunctive relief to prevent further such conduct. This court has subject-matter jurisdiction over CSI’s action pursuant to 28 U.S.C. § 1332 based on the complete diversity of the parties and the amount in controversy, and additionally has federal question jurisdiction over CSI’s federal claims pursuant to 28 U.S.C. § 1331 and in the absence of diversity jurisdiction could properly exercise supplemental subject-matter jurisdiction over CSI’s state-law claims pursuant to 28 U.S.C. § 1367.

Now before the court is MicroDAQ’s motion (# 17) to dismiss CSI’s claims against it for lack of personal jurisdiction. I have considered the motion, all of the pleadings and papers on file, and oral argument on behalf of the parties. For the reasons set forth below, MicroDAQ’s motion should be granted.

LEGAL STANDARD

A motion to dismiss for lack of personal jurisdiction is governed by Federal Civil Procedure Rule 12(b)(2). See Fed. R.Civ.P. 12(b)(2). “In opposition to a defendant’s motion to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing that jurisdiction is proper.” Boschetto v. Hansing, 539 F.3d 1011, 1015 (9th Cir.2008), citing Sher v. Johnson, 911 F.2d 1357, 1361 (9th Cir.1990). In evaluating the defendant’s motion, “[t]he court may consider evidence presented in affidavits to assist it in its determination and may order discovery on the jurisdictional issues.” Doe v. Unocal Corp., 248 F.3d 915, 922 (9th Cir.2001), citing Data Disc, Inc. v. Systems Technology Assoc., Inc., 557 F.2d 1280, 1285 (9th Cir.1977). If the court decides the motion based on the pleadings and affidavits submitted by the parties without conducting an evidentiary hearing, “the plaintiff need make only a prima facie showing of jurisdictional facts to withstand the motion to dismiss.” Id., quoting Ballard v. Savage, 65 F.3d 1495, 1498 (9th Cir.1995). In the absence of such an evidentiary hearing, the court accepts uncontroverted allegations contained within the plaintiffs complaint as true, and resolves conflicts between statements contained within the parties’ affidavits in the plaintiffs favor. See id.

FACTUAL BACKGROUND

I. The Parties

Plaintiff CSI is an Oregon corporation with its principal place of business in St. Helens, Oregon. CSI is in the business of selling calibrated thermometers and temperature data logging devices.

Defendant MicroDAQ is a New Hampshire corporation with its principal place of business in Contoocook, New Hampshire. MicroDAQ is also in the business, inter alia, of selling calibrated thermometers and temperature data logging devices. CSI offers no allegation regarding the identities of the Doe defendants or of their role, if any, in the conduct underlying CSI’s claims.

[1187]*1187II. The Parties’ Dispute1

CSI claims common law trademark, service mark, and trade name rights and protection in certain phrases and combinations of words, including its website address “www.vfcdataloggers.com,” variants of its company name including “Control Solutions” and “Control Solutions, Inc.,” and names or designations of its products, including “VFC 5000,” “VFC 5000 TP,” and “VFC 5000 TP Kit.” CSI has attempted to register the mark “vfcdatalog-gers.com,” to date unsuccessfully.

Beginning in October 2013, MicroDAQ began using Google Adwords for purposes of one or more internet advertising campaigns. During the course of such a campaign, when an internet user conducts a Google search utilizing any of certain keywords specified by the advertiser, a targeted advertisement not saliently distinguishable from an ordinary search result appears on the user’s screen among the ordinary Google search results, generally at the top of the list of such results. Mi-croDAQ’s Adwords campaigns launched in October 2013 predominantly relied on keywords related to the Center for Disease Control’s “Vaccines For Children” program; among the keywords relied upon were CSI’s foredescribed marks and/or trade names.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
126 F. Supp. 3d 1182, 2015 U.S. Dist. LEXIS 113598, 2015 WL 5092593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/control-solutions-inc-v-microdaqcom-inc-ord-2015.