Inspired By Design, LLC v. Sammy's Sew Shop, LLC

200 F. Supp. 3d 1194, 2016 U.S. Dist. LEXIS 102668, 2016 WL 4128456
CourtDistrict Court, D. Kansas
DecidedAugust 3, 2016
DocketCase No. 16-CV-2290-DDC-KGG
StatusPublished
Cited by7 cases

This text of 200 F. Supp. 3d 1194 (Inspired By Design, LLC v. Sammy's Sew Shop, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Inspired By Design, LLC v. Sammy's Sew Shop, LLC, 200 F. Supp. 3d 1194, 2016 U.S. Dist. LEXIS 102668, 2016 WL 4128456 (D. Kan. 2016).

Opinion

MEMORANDUM AND ORDER

Daniel D. Crabtree, United States District Judge

Plaintiff Inspired by Design, LLC brought this lawsuit against Sammy’s Sew Shop, LLC and Samantha Pantaleo, asserting trade dress infringement, unfair competition, and copyright infringement claims. This action comes before the court on defendants’ Motion to Dismiss or, Alternatively, to Transfer Venue (Doc. 6). Plaintiffs have filed a response opposing the motion (Doc. 9), and defendants have submitted a reply (Doc. 10). After considering the evidence and arguments presented in the parties’ briefs, the court denies defendants’ motion.

I. Factual Background

Plaintiffs Complaint (Doc. 1) and an affidavit submitted with plaintiffs opposition brief (Doc. 9-2) allege the following facts, which the court accepts as true for the purpose of this motion. See Wenz v. Memery Crystal, 55 F.3d 1503, 1505 (10th Cir. 1995) (explaining that on motion to dismiss for lack of personal jurisdiction, “[t]he allegations in the complaint must be taken as true to the extent they are uncontroverted by the defendant’s affidavits.” (quotation omitted)); see also OMI Holdings, Inc. v. [1199]*1199Royal Ins. Co. of Can., 149 F.3d 1086, 1091 (10th Cir.1998) (explaining that plaintiff may satisfy her prima facie burden of demonstrating jurisdiction by submitting an “affidavit or other written materials [containing] facts that if true would support jurisdiction over the defendant”).

Plaintiff is a Kansas limited liability company that makes customized pet beds and pet-related products. Alisa Self formed the company on April 30, 2015. Before then, Ms. Self sold pet beds and pet-related products as a sole proprietor. On June 23, 2012, Ms. Self had started using the website, https://adorepetbeds.com, for advertising and selling her products. Then, on July 31, 2012, Ms. Self began selling her products on an Etsy webpage,1 uñdér the name “AdoreCustomPetBeds.”2 After Ms. Self formed the plaintiff company, plaintiff continued selling custom pet beds through the https://adorepetbeds.com website and the Etsy webpage. On April 28, 2016, plaintiff acquired a copyright covering photographs, 2-D artwork, technical drawings, and text content published on https://adorepetbeds.com on August 12, 2014.

Defendant Sammy’s Sew Shop, LLC also sells custom pet beds. Its primary place of business is in California. It began operating an Etsy webpage around December 19, 2014.3 It also has a Facebook webpage.4 Defendant Samantha Pantaleo is the owner of Sammy’s Sew Shop. Ms. Pantaleo is a California resident. .

Plaintiff alleges that defendants began selling replicas of plaintiffs pet beds around June 12, 2015. On July 16, 2015, an Etsy user named Tyler Gage ordered and paid for a pet bed from plaintiffs Etsy webpage. On August 6, 2015, Ms. Self shipped the pet bed from Shawnee, Kansas, to Tyler Gage, 6108 Hilltree Ave., Citrus Heights, California 95621. UPS delivered the package containing the pet bed to that address on August 11, 2015. Tyler Gage has a “close personal relationship” with Ms. Pantaleo and, according to plaintiff, Ms. Pantaleo “is associated” with the address 6108 Hilltree Ave., Citrus Heights, California 95621. Aso according to plaintiff, Mr. Gage “is associated” with the address, 8236 Crestshire Cir., Orangevale, California 95662, the same address where plaintiff served Ms. Pantaleo with the summons issued as part of service of process for this lawsuit.

Plaintiff contends that defendants modified their Etsy webpage and pet beds after Tyler Gage ordered and received plaintiffs custom pet bed, making defendants’ pet beds even closer replicas of plaintiffs pet beds. Specifically, plaintiff contends that the modification included advertising bed inserts with zippers to adjust firmness, advertising a fabric and embroidery proofing process, and altering the dip on the front of the pet beds to match the dip on plaintiffs pet beds.

[1200]*1200On September 25, 2015, plaintiffs counsel sent a letter to defendants demanding that they cease and desist from violating plaintiffs intellectual property rights. On October 14, 2015, defendants’ counsel responded to plaintiffs letter, denying any violation of plaintiffs intellectual property rights. On November 18, 2015, plaintiff learned of actual customer confusion between plaintiff and defendants’ products.

On May 5, 2016, plaintiff filed its Complaint against defendants in this action. It asserts trade dress infringement and unfair competition claims under the Lanham Act, 15 U.S.C. § 1125, and a copyright infringement claim under the' federal Copyright Act, 17 U.S.C. § 501. Doc. 1. Plaintiff seeks an injunction prohibiting defendants from misusing plaintiffs trade dress, engaging in unfair competition, and infringing on plaintiffs copyright content. Plaintiff also seeks its lost profits and damages sufficient to compensate it for defendants’ unjust enrichment after allegedly violating plaintiffs intellectual property rights.

II. Motion to Dismiss for Lack of Personal Jurisdiction

Defendants seek dismissal of plaintiffs’ Complaint under Fed. R. Civ. P. 12(b)(2), asserting that our court lacks personal jurisdiction over them. The court addresses defendants’ motion under the governing legal standard set forth below.

A. Legal Standard

A plaintiff bears the burden to establish personal jurisdiction over each defendant named in the action. Rockwood Select Asset Fund XI (6)-1, LLC v. Devine, Millimet & Branch, 750 F.3d 1178, 1179-80 (10th Cir.2014) (citation omitted). But in the preliminary stages of litigation, a plaintiffs burden to prove personal jurisdiction is light. AST Sports Sci., Inc. v. CLF Distrib. Ltd., 514 F.3d 1054, 1056 (10th Cir.2008) (citation omitted).

Where, as here, the court, is asked to decide a pretrial motion to dismiss for lack of personal jurisdiction without conducting an evidentiary hearing, plaintiff must make no more than a prima facie showing of jurisdiction to defeat the motion. Id. at 1056-57 (citing OMI Holdings, Inc., 149 F.3d at 1091). “The plaintiff may make this prima facie showing by demonstrating, via affidavit or other written materials, facts that if true would support jurisdiction over the defendant.” OMI Holdings, Inc., 149 F.3d at 1091.

To defeat a plaintiffs prima facie showing of personal jurisdiction, defendants “must present a compelling case demonstrating ‘that the presence of some other considerations would render jurisdiction unreasonable.’ ” Id. (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 477, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)) Where defendants fail to controvert a plaintiffs allegations with affidavits or other evidence, the court must accept the well-pleaded allegations in the complaint as true, and resolve any factual disputes in the plaintiffs favor. Wenz,

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200 F. Supp. 3d 1194, 2016 U.S. Dist. LEXIS 102668, 2016 WL 4128456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inspired-by-design-llc-v-sammys-sew-shop-llc-ksd-2016.