Facebook, Inc. v. Studivz, Ltd et al
Memorandum in Opposition re 91 MOTION to Compel COMPLETE INTERROGATORY RESPONSES AND DOCUMENT PRODUCTION FROM STUDIVZ LTD., HOLTZBRINCK VENTURES GMBH AND HOLTZBRINCK NETWORKS GMBH PURSUANT TO CIVIL L.R. 7-1 AND 37-2 CORRECTION OF DOCKET # 88 . MOTION to Compel COMPLETE INTERROGATORY RESPONSES AND DOCUMENT PRODUCTION FROM STUDIVZ LTD., HOLTZBRINCK VENTURES GMBH AND HOLTZBRINCK NETWORKS GMBH PURSUANT TO CIVIL L.R. 7-1 AND 37-2 CORRECTION OF DOCKET # 88 . filed byStudivz, Ltd. (Attachments: # 1 Appendix Opinion only available on Online Database, # 2 Appendix Opinion only available on Online Database, # 3 Appendix Opinion only available on Online Database, # 4 Appendix Opinion only available on Online Database, # 5 Appendix Opinion only available on Online Database, # 6 Appendix Opinion only available on Online Database, # 7 Appendix Opinion only available on Online Database)(Walker, William) (Filed on 2/10/2009)
LEXSEE 2005 U.S. DIST. LEXIS 8450 CAIRO, INC., Plaintiff(s), v. CROSSMEDIA SERVICES, INC., Defendant(s). No. C 04-04825 JW UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 2005 U.S. Dist. LEXIS 8450
April 1, 2005, Decided April 1, 2005, Filed it has not committed trespass as to CMS's personal property; (7) it has not misappropriated property or assets belonging to CMS; and (8) it has not wrongfully interfered with CMS's business [*2] relationships. Defendant moves to dismiss Plaintiff's Complaint for improper venue, pursuant to FED. R. CIV. P. 12(b)(3). On Tuesday, March 29, 2005, this Court held a hearing regarding Defendant's motion. Based upon counsels' comments at the hearing and upon all papers filed to date, this Court GRANTS CMS's motion to dismiss. II. BACKGROUND Cairo is a Delaware corporation with its principal place of business in San Ramon, California. (Complaint P 5.) CMS is a Delaware Corporation with its principal place of business in Chicago, Illinois. (Id.) Both parties operate web sites that allow users to search for products on sale at local retailers. (Complaint PP 1, 2.) A. CMS's Business CMS's business has two aspects: its SmartCircular Service and its ShopLocal Network. (Hand Declaration P 3.) The SmartCircular Service and ShopLocal Network enable CMS's retail customers to distribute their promotional information via the Internet to shoppers in local geographic markets and enable these shoppers to identify sales, specials, and promotions at local retailers. (Id.) CMS enters into agreements with retailers and other businesses [*3] to make their promotional materials available on CMS's web sites. (Hand Declaration P 4.)
COUNSEL: [*1] For Cairo Inc, Plaintiff: Ragesh K. Tangri, Brook Dooley, Mark A. Lemley, Keker & Van Nest LLP, San Francisco, CA. For Crossmedia Services Incorporated, Defendant: Eric Evans, Cooley Godward LLP, Palo Alto, CA; Frank N. Gaeta, Rich May P.C., Boston, MA. JUDGES: JAMES WARE, United States District Judge. OPINION BY: JAMES WARE OPINION
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS I. INTRODUCTION Plaintiff Cairo, Inc. ("Plaintiff" or "Cairo") has filed a complaint for declaratory relief against Defendant Crossmedia Services, Inc. ("Defendant" or "CMS") seeking a declaratory judgment from this Court that (1) its web site does not infringe any copyrightable material belonging to CMS; (2) its web site does not infringe any registered federal trademark held by CMS; (3) its web site does not infringe any California trademark held by CMS; (4) its web site does not constitute an unfair trade practice under federal or California law; (5) its conduct does not breach any enforceable contract with CMS; (6)
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contradictory provisions should govern, this Court declines to interpret which provision should be given effect. However, it is clear that neither provision allows for the resolution of disputes in the Northern District of California. Allowing the litigation to proceed in this Court would be contrary to any interpretation of the terms. B. Cairo's Copyright and Trademark Claims are Dismissed as Encompassed by the Forum Selection Clause Cairo argues that CMS's forum selection clause does not apply to Cairo's federal copyright claim nor to its federal and state trademark claims. Cairo is mistaken. Tort claims are covered by a forum selection clause if "resolution of the claims relates to interpretation of the contract." Manetti-Farrow, Inc. v. Gucci America, Inc., 858 F.2d 509, 514 (9th Cir. 1988). The copyright and trademark claims are based on the same events as the other claims set forth in Cairo's Complaint, and relate to
the central conflict over whether CMS's terms were binding on Cairo in the first instance. Thus, to avoid duplication of litigation of claims arising out of the same facts, the Court finds that Cairo's copyright and trademark claims [*16] are within the scope of the forum selection clause and must be dismissed. V. CONCLUSION For the reasons set forth above, Defendant's Motion to Dismiss is GRANTED. All findings in this Order are made for the limited purpose of assessing whether venue in this Court is proper. Nothing in this Order is intended to address the merits of any claim, contractual or otherwise. Dated: April 1, 2005 JAMES WARE United States District Judge
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