Allstar Marketing Group, LLC v. Your Store Online, LLC

ORDER DENYING DEFENDANT’S MOTION TO DISMISS OR TRANSFER

On May 15, 2009, plaintiffs Allstar Marketing Group, LLC (“Alistar”) and Felknor Ventures, LLC (“Felknor”) commenced this action against defendants Your Store Online, LLC (“YSO”), Chris Reoch, Paul Reoch, TV Market, LLC, and TV Marketplace, LLC, alleging, inter alia, violation of plaintiffs’ trademarks with regard to three products: “Snuggie” brand fleece sleeved blankets, “Topsy Turvy” brand tomato planters, and “Aqua Globes” brand plant watering bulbs. On June 15, 2009, defendants filed a motion to dismiss for lack of personal jurisdiction and improper venue, or, in the alternative, for transfer to the Eastern District of Wisconsin.

I. FACTUAL & PROCEDURAL BACKGROUND

Alistar is a New York limited liability company with its principal place of business in New York; Felknor is a Tennessee limited liability company with its principal place of business in Tennessee. Alistar is a producer and distributor of “unique household products,” including the three products at issue in this case. It markets the products through direct response television advertising. Allstar created the Snuggie and Aqua Globes products. Felknor created…