Mighty Men of God, Inc. v. World Outreach Church of Murfreesboro Tennessee, Inc.

102 F. Supp. 3d 1264, 2015 U.S. Dist. LEXIS 44685, 2015 WL 1534446
CourtDistrict Court, M.D. Florida
DecidedApril 6, 2015
DocketCase No. 6:14-cv-947-Orl-41TBS
StatusPublished
Cited by5 cases

This text of 102 F. Supp. 3d 1264 (Mighty Men of God, Inc. v. World Outreach Church of Murfreesboro Tennessee, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mighty Men of God, Inc. v. World Outreach Church of Murfreesboro Tennessee, Inc., 102 F. Supp. 3d 1264, 2015 U.S. Dist. LEXIS 44685, 2015 WL 1534446 (M.D. Fla. 2015).

Opinion

ORDER

CARLOS E. MENDOZA, District Judge.

THIS CAUSE is before the Court on Defendants’ — World Outreach Church of Murfreesboro, Tennessee, Inc. (“World Outreach”), Intend Ministries (“Intend”), Phillip Jackson, and G. Allen Jackson (collectively, “Defendants”)1 — Motion to Dis[1269]*1269miss (Doc. 22), wherein Defendants seek to dismiss this case for lack of personal jurisdiction. Plaintiff, Mighty Men of God, Inc., has filed a Response. (Doc. 31). For the reasons set forth below, Defendants’ Motion to Dismiss will be denied.

I. Background

Organized in 2002, Plaintiff is a Florida corporation with its principle place of business in Orange County, Florida. (Compl., Doc. 1, ¶ 10). Plaintiff provides “Christian educational services to individuals throughout the United States.” (Id. ¶ 16). Particularly, “Plaintiff focuses its educational services on men ... through conferences it holds frequently in many states.” (Id.). Plaintiff claims to have hosted conferences in seventeen different states. (Id. ¶ 22). According to Plaintiff, the “conferences are held under the name ‘Mighty Men of God,’ and are marketed using that name and the name ‘Mighty Men.’ ” (Id. ¶ 17). Indeed, Plaintiff maintains registered trademarks for both terms — “Mighty Men of God” (the “MMOG Mark”) and “Mighty Men” (the “Mighty Men Mark”). (Exs. 1, 2 to Compl.,- Doc. 1). Both marks relate to “educational services, namely, conducting conferences in the field of men’s ministry.” (Id.). The Mighty Men Mark was registered on November 2, 2004, (Ex. 2 to Compl.), and Plaintiff alleges that its use “has been continuous and uninterrupted for over a decade[,] since at least' as early as October 30, 2002,” (Compl. ¶20). The MMOG Mark, which was registered on November 4, 2008, (Ex. 1 to Compl.), has purportedly been in use “since at least as early as February 17, 2003,” (Compl. ¶ 21). In addition to the conferences, Plaintiff has “distributed and sold CDs under the [Mighty Men Mark] since at least as early as the filing date of its trademark application.” (Hi 22).

Both Defendant World - Outreach and Defendant Intend are nonprofit corporations, which are incorporated in Tennessee and whose principal place, of business is located in Murfreesboro, Tennessee. (G. Allen Jackson Deck, Doc. 23-1, ¶¶ 4, 6; Phillip Jackson Deck, Doc. 23-2, ¶¶ 4, 6). Plaintiff alleges that-World Outreach offers “nearly identical services to those offered by Plaintiff’ by “conducting educational seminars-and conferences in the field of men’s ministry.” (Compl. ¶27). •Two such conferences took place in 2013, the first in Murfreesboro, Tennessee and the second in Nashville, Tennessee. (G. Allen Jackson Deck ¶ 14; Phillip Jackson Deck ¶ 14; Compl. ¶ 28). World Outreach and Intend also maintain a website — www. intendministries.org — through which they “permit visitors to sign up for email messages, listen to music or sermons, and ... purchase various products.” (G. Allen Jackson Deck ¶ 18; Phillip Jackson Deck ¶ 18; Compl. ¶¶ 29 — 31).

Defendant G. Allen Jackson has “served as the senior pastor and Vice President” of World Outreach, as well as the President of Intend. (G. Allen Jackson Deck ¶2). Defendant Phillip Jackson “serve[s] as an associate pastor and Assistant Secretary” of World Outreach, as well as Vice President of Intend. (Phillip Jackson Deck ¶ 2). Phillip Jackson is also the registrant of a website — www.mightymenusa.org— through which he “promotes] and advertises] .. services and products being offered by codefend'ants.” (Compl. ¶32). In addition, for both World Outreach and Intend, Phillip Jackson is the designated registered agent with the Tennessee Secretary of State. (Id.).

Plaintiff, contends that Defendants have marketed their. services and have organized their conferences using Plaintiffs Marks. (Id. ¶¶ 27-28). Plaintiff further maintains that, through their website, World Outreach and Intend are making and distributing products, including CDs and DVDs, using the Mighty Men Mark. [1270]*1270(Id. ¶¶ 29-31). Moreover, according to Plaintiff, Phillip Jackson promotes products and ’services under the Mighty Men Mark dn his website. (Id. ¶ 32).

Thus, Plaintiff initiated this case- on Júne 18, • 2014 by filing the '• Complaint, wherein Plaintiff generally alleges- that “Defendants have willfully infringed Plaintiffs rights, and continue to infringe with no intention to discontinue their infringing use.” (Id. ¶ 38). ’ The Complaint includes six claims: (1) trademark infringement under 15 U.S.C. § 1114; (2)-false designation of origin under 15 U.S.C. § 1125(a); (3) unfair competition under 15 U.S.C. § 1125(a); (4) unfair competition under Fla-.- Stat. § 501.204; (5) violations , of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d); and (6) further violations of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201-501.213, (Compl. ¶¶ 42-82). On September 5, 2014, Defendants moved to dismiss the Complaint for lack of personal jurisdiction.

II. Legal Standard ,

Through Federal Rule of Civil Procedure 12(b)(2), a party may move to' dismiss, based on lack of personal jurisdiction. “A plaintiff seeking to establish; personal jurisdiction over a nonresident defendant ‘bears the initial burden of alleging in the complaint sufficient facts to make out a prima facie case of jurisdiction.’” Louis Vuitton Malletier, S.A. v. Mosseri, 736 F.3d 1339, 1350 (11th Cir.2013) (quoting United Techs. Corp. v. Mazer, 556 F.3d 1260, 1274 (11th Cir.2009)). However, if “a defendant challenges personal jurisdiction ‘by submitting’affidavit evidence in support of its position,’” the plaintiff then bears the burden of producing evidence supporting jurisdiction. Id. (quoting United Techs., 556 F.3d at 1274). Nevertheless, “when ‘the defendant’s affidavits conitain only conclusory assertions that the defendant is not subject to jurisdiction,’ ” the plairitiff need not rebut those assertions with supporting evidence. Id. (quoting Stubbs v. Wyndham Nassau Resort & Crystal Palace Casino, 447 F.3d 1357, 1360 (11th Cir.2006)). When the plaintiffs complaint and the defendant’s evidence conflict, the court “construe[s] all reasonable inferences in favor of the plaintiff.” Stubbs, 447 F.3d at 1360.

III. Discussion

Defendants contend that-they are not subject to1 personal jurisdiction in Florida and that, therefore, this case should be dismissed.

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102 F. Supp. 3d 1264, 2015 U.S. Dist. LEXIS 44685, 2015 WL 1534446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mighty-men-of-god-inc-v-world-outreach-church-of-murfreesboro-tennessee-flmd-2015.