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Common Cents Distribs. LLC v. CURLS Beauty Brands LLC

No Basis for Long-Arm Jurisdiction Over Texas Firm; Claims Arose From NJ Firm's Conduct

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DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Plaintiff, Common Cents Distributors, LLC, brings this action against Defendant, CURLS Beauty Brands, LLC (“CURLS”). Plaintiff alleges that Defendant filed a series of false complaints with Amazon, claiming that Plaintiff was infringing Defendant’s intellectual property rights. The Complaint alleges that Defendant’s statements were injurious to Plaintiff’s business and thus constitute defamation and tortious interference. Defendant moves to dismiss the complaint for lack of personal jurisdiction. Defendant contends that it cannot be sued in New York because there is no connection between it and the State of New York, or between the events upon which Plaintiff’s claims are based and the State of New York. Defendant’s motion is GRANTED, and the complaint is dismissed without prejudice to its being filed in a jurisdiction having in personam jurisdiction over the defendant. BACKGROUND I. Factual Background A. The Parties Plaintiff is a limited liability company incorporated in New Jersey, all of whose members reside in New Jersey. (Compl. 4). Plaintiff sells products throughout the United States, including New York, and is a third-party seller on Amazon.com. (Id; Dkt. No. 14). Defendant is a Texas limited liability company that maintains its principal place of business at 124 Rose Lane, Frisco, Texas. (Compl. 5; Dkt. No 14). Defendant manufactures and sells hair care products throughout the United States, including in New York. (Compl. 5). B. Unauthorized Sales of “CURLS” Products Through Amazon Plaintiff alleges that Defendant induced Amazon to restrict Plaintiff’s ability to sell its products throughout the United States, including in New York, by repeatedly representing to Amazon that Plaintiff was listing and selling counterfeit CURLS products. (Compl.

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