Colt Studio, Inc. v. Badpuppy Enterprise

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

I. INTRODUCTION

This case arises from the alleged use of plaintiffs copyrighted photographs of male nudes by defendants Badpuppy, its President Pinyon, and its Director Wojcik (collectively “defendants”) on Badpuppy’s Internet site. Defendants moved for dismissal claiming that this Court did not have personal jurisdiction over any of the named defendants. Furthermore, the defendants moved for an order dismissing the action for improper venue. Finally, and in the alternative, defendants moved for an order to transfer the action for convenience. For the following reasons, this Court grants the motion in part and denies it in part.

II. FACTUAL AND PROCEDURAL BACKGROUND

Colt is a California company that creates, publishes, and distributes artistic photographic images to the general public for profit. See PL’s First Am.Compl. at 3. Defendants are the operators of the website with the domain name “badpup-py.com.” See Pinyon Decl. at 2. Badpuppy generates revenues through the sale of membership subscriptions. See id. at 2. In exchange for a $10 monthly fee, membership in…