Zeta-Jones

ORDER DENYING DEFENDANT WESGLOW RESOURCES, INC.’S MOTION TO DISMISS AND GRANTING MOTION TO TRANSFER TO NEVADA

I. INTRODUCTION

This case arises out of the unauthorized use of a photograph of the actress Catherine Zeta-Jones (“the photograph”) that was placed on the website of The Spice House, a topless cabaret in Reno, Nevada, in conjunction with sexually explicit images and adult entertainment links. Plaintiffs Zeta-Jones and CZ Properties, LLC, filed a suit in this Court on October 21, 2004, against defendants The Spice House, Wes-glow Resources, Inc., and Does 1 through 10 (collectively, “defendants”), and a first amended complaint on April 13, 2005. The first amended complaint asserts claims against defendants for violation of Cal. Civ.Code § 3344, misappropriation of the common law right of publicity, false designation or representation of origin in violation of the Lanham Act, trademark dilution, unfair competition and unfair business practices, unjust enrichment, an accounting, constructive trust, copyright infringement, and defamation. On January 31, 2005, Wesglow filed a motion to dismiss for lack of personal jurisdiction and improper venue, or, alternatively, to…