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Brownstone Investment Group Inc. v. Bonner & Partners LLC

Court Lacks Long-Arm Jurisdiction in Trademark Infringement Dispute Over Newsletter

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MEMORANDUM OPINION & ORDER Plaintiff Brownstone Investment Group LLC brings multiple trademark infringement, trademark dilution, and unfair competition claims against Bonner & Partners, LLC and Jeff Brown. Now before the Court is Defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(2). Dkt. No. 27. For the reasons articulated below, Defendants’ motion is GRANTED. I. BACKGROUND Plaintiff Brownstone Investment Group LLC is a limited liability company with its principal place of business in New York. Am. Compl. 3. It is a “well-established financial services company providing, inter alia, funds investment and investment fund management services and securities trading services.” Id. 1. Plaintiff has two federally registered trademarks — BROWNSTONE and BROWNSTONE ASSET MANAGEMENT — that it has used to identify its services since at least December 2004. Id.

10-12. Plaintiff alleges that these trademarks “have developed substantial and valuable goodwill.” Id. 1. Defendant Bonner & Partners, LLC is a Maryland limited liability company with its principal place of business in Delray Beach, Florida. Id. 4. Defendant Jeff Brown is an individual who is domiciled in a state other than New York. Id. 5. Bonner offers financial services and publishes newsletters under various brands, including BROWNSTONE RESEARCH. Id. 1; Cohen Decl.

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