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Adwar Casting Co. Ltd. v. Star Gems Inc.

Despite Similarity Copyright Infringement Suit Dismissed for Lack of Personal Jurisdiction

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Adwar Casting Co., Ltd., a New York Corporation, Plaintiffv.Star Gems Inc., a Georgia Corporation,Anish Desai, an Individual, and Does 1-20, DefendantsMEMORANDUM & ORDER Plaintiff Adwar Casting (“Plaintiff” or “Adwar”) commenced this action against defendants Star Gems Inc. (“Star”) and Anish Desai (“Desai”) (collectively “Defendants”) asserting claims for copyright infringement pursuant to 17 U.S.C. §501, as well as related state law claims. Presently before the Court is Defendants’ motion pursuant to Fed. R. Civ. P. 12(b)(2) to dismiss the complaint for lack of personal jurisdiction. For the reason set forth below, the motion is granted.BACKGROUNDI. Allegations in the ComplaintThe following allegations are taken from the Complaint (“Comp.”)Adwar is a New York corporation with its principal place of business in Rockville Centre, New York. It creates, manufactures and distributes original jewelry products, which it actively markets and sells throughout the United States. (Comp.

1, 9.) Star is a Georgia corporation with its principal place of business in Georgia. It is a wholesale manufacturer and seller of jewelry products, which it sells and distributes throughout the United States and internationally. (Id. 2, 10, 11.) Desai is the principal shareholder and chief executive officer of Star and has his principal place of business in Georgia. As such he is responsible for all of Star’s important business decisions, including what artwork is used in connection with the products Star manufactures, markets and sells. (Id.

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