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Motion to Dismiss for Lack of Personal Jurisdiction Granted

Jennifer Remy-Estorino and Benjamin Cohen | November 30, 2018

Jennifer Remy-Estorino and Benjamin Cohen, of the Miami office, obtained a dismissal for lack of personal jurisdiction in a trademark dispute in the Middle District of Florida. Their client (individually) and his corporation, a resident and corporation of Washington State, were sued for trademark infringement (amongst other causes of action) in the Middle District of Florida, as a result of a failed business relationship in place between the parties dating all the way back to 2007.

The parties entered into an oral agreement/contract for our client to license the trademarked “Gazelles” mark from Plaintiffs, for use in building up our client’s coaching business which provided training, networking and lead generation for business coaches who provided consulting services to mid-size businesses seeking to achieve high growth rates.

After a disagreement over the nature and scope of the oral agreement/contract and business relationship, Plaintiffs terminated the existing business relationship with our client and soon thereafter, began interfering and meddling in our client’s business affairs, resulting in a lawsuit brought by our client against the Florida Plaintiffs in Washington State.

In response, the Florida Plaintiffs filed a 200 plus page Complaint, against our clients alleging: (1) trademark infringement; (2) two counts of unfair competition and false designation of origin; (3) cybersquatting; (4) cancellation of trademark registration; (5) deceptive and unfair trade practices under Florida law; (6) breach of contract; and (7) conversion on the heels of some fabricated, complex, and convoluted scheme that our clients allegedly hatched to divert assets away from Plaintiffs. In addition, after removing our clients’ Washington State action to Federal Court (US District Court for the Western District of Washington), the Florida Plaintiffs succeeded in getting our client’s Washington State suit dismissed for lack of personal jurisdiction. Thereafter, we moved for dismissal as well in the Middle District of Florida.

After much briefing, the Court granted Jenny and Ben’s Motion to Dismiss for lack of personal jurisdiction.

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