United States District Court, S.D. Mississippi, Western Division
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
For Ronaldo Designer Jewelry, Inc., Plaintiff: Alec M. Taylor, Ellie Burnham Word, LEAD ATTORNEYS, KREBS, FARLEY & PELLETERI, PLLC - Jackson, Jackson, MS; Christopher A. Bates - PHV, Kyle Anne Citrynell - PHV, LEAD ATTORNEYS, PRO HAC VICE, SEILLER WATERMAN, LLC, Louisville, KY.
For Anne Ryan, L.L.C., D/B/A Anne Ryan, Robert Davin Shaw, Michelle E. Shaw, Jane Envy, LLC, Arabella Imports, LLC, Steve O'Brien, Defendants: Michael Jeffrey Wolf, LEAD ATTORNEY, PAGE, KRUGER & HOLLAND, P.A., Jackson, MS.
ORDER DENYING MOTIONS TO DISMISS
David Bramlette, UNITED STATES DISTRICT JUDGE.
This matter comes before the Court on Defendants', Anne Ryan, LLC, Arabella Imports, LLC, and Robert Davin Shaw, Motion to Dismiss for Improper Venue [docket entry no. 16], ', Michelle E. Shaw, Motion to Dismiss for Lack of Jurisdiction and Improper Venue [docket entry no. 18], ', Jane Envy, LLC, Motion to Dismiss for Lack of Jurisdiction and Improper Venue [docket entry no. 20], and ', Steve O'Brien, Motion to Dismiss for Improper Venue [docket entry no. 21]. Having reviewed the motions and response, applicable statutory and case law, and being otherwise fully informed in the premises, the Court finds as follows:
I. Factual and Procedural Background
Plaintiff Ronaldo Designer Jewelry, Inc. (" Ronaldo" ) is a Kentucky corporation which designs, manufactures, and sells jewelry in thirty-five states, including Mississippi. Defendants Anne Ryan, LLC (" Anne Ryan" ) and Jane Envy, LLC (" Jane Envy" ) are Texas companies also in the business of selling jewelry. Defendants Robert Davin Shaw (" Davin" ) and Michelle E. Shaw (" Michelle" ) are Texas residents with controlling interests in Jane Envy and Anne Ryan. They are also husband and wife. Defendant Arabella Imports, LLC (" Arabella" ) is a Texas company that imports goods for Anne Ryan. Defendant Steve O'Brien is a Georgia resident who worked in a sales capacity for Anne Ryan. In its verified complaint, Ronaldo brings claims for copyright infringement, trademark infringement, counterfeit trademark infringement pursuant to the Lanham Act, trade dress infringement and unfair competition pursuant to the Lanham Act, unfair competition, vicarious liability, and alter ego/successor liability. Compl. 10, 23, 26, 27, 31, & 32, ECF No. 1.
Ronaldo alleges that the defendants have been copying Ronaldo's designs and producing and marketing lower quality versions of its jewelry as if they were in fact Ronaldo products. Specifically, Ronaldo identifies ten bracelets that it alleges the defendants have unlawfully reproduced. Ronaldo specifically alleges that the defendants marketed and sold their infringing merchandise to several Mississippi companies who then sold them to Mississippi residents. Ronaldo also alleges that the defendants sold products to one Louisiana merchant who then sold the products at the Canton Flea Market in Canton, Mississippi. Resp. 15-16, ECF No. 26.
All of the defendants have moved to dismiss this action for improper venue. Mot. Dismiss, ECF No. 16 (Anne Ryan, Arabella, and Davin); Mot. Dismiss, ECF No. 18 (Michelle), Mot. Dismiss, ECF No. 20 (Jane Envy); Mot. Dismiss, ECF No. 21 (O'Brien). Two of the defendants, Michelle and Jane Envy, have also moved to dismiss for lack of jurisdiction. Mot. Dismiss, ECF No. 18 (Michelle); Mot. Dismiss, ECF No. 20 (Jane ...