OPINION & ORDER Plaintiff Elizabeth Kennedy (hereinafter, “Ms. Kennedy” or “Plaintiff’) brings this action against Defendants Robert Basil, The Basil Law Group P.C., Artifact LLC, WFT Realty LLC, and WFT Fashion LLC (collectively, “Defendants”) for violations of the Lanham Act including trademark infringement, 15 U.S.C. §1114, federal unfair competition, 15 U.S.C. §1125(A), and federal trademark dilution, 15 U.S.C. §1125. Plaintiff also alleges violations of New York General Business Law §§349, 360-L as well as New York Civil Rights Law §51. Plaintiff’s Complaint includes state law claims for breach of contract, breach of fiduciary duty, malpractice, fraud, accounting, common law unfair competition, and unjust enrichment.Plaintiff filed her Complaint on March 20, 2018. ECF No. 1 (“Compl.”). On June 26, 2018, Defendants requested leave to file a motion to dismiss Plaintiff’s Complaint. ECF No. 30. The Court granted Defendants’ request, and the instant Motion to Dismiss for Lack of Jurisdiction was filed on July 2, 2018. ECF No 33. Plaintiff filed an Opposition to Defendants’ Motion on August 10, 2018. ECF No 51. Defendants filed their Reply on August 19, 2018. ECF No. 52. Defendants’ Motion is deemed fully briefed. After careful consideration, Defendants’ Motion to Dismiss for Lack of Jurisdiction is hereby DENIED.BACKGROUNDMs. Kennedy is a designer in the fashion industry, and she started Elizabeth Kennedy, LLC (hereinafter, the “Company”) in 2007. Compl. 14. In 2012, Ms. Kennedy partnered with Jayne Harkness and each of them carried 50 percent interest in the Company. Id. 16. The Operating Agreement governing the Company included a provision that ensured that Ms. Kennedy “could continue to use her name in the event she was no long[er] a member of the Company.” Id. 17. In December 2014, Ms. Kennedy, through the Company, applied for two trademark registrations of her personal name, “Elizabeth Kennedy”, with the United States Patent and Trademark Office (“USPTO”). Id. 20. The “Elizabeth Kennedy” trademarks (the “KENNEDY Marks”) were registered on September 14, 2015.1With a desire to expand, Ms. Kennedy met with Mr. Basil, an attorney and part owner of a strategic support company named Artifect. Id.
24-26. After Mr. Basil indicated that he wanted to invest, the Operating Agreement was amended giving Mr. Basil an ownership stake in return for a line of credit for the Company. Id.
