Jacobs Private Equity, LLC v. Doe

Filing 16

ORDER For the reasons set forth herein, the 15 Motion for TRO is GRANTED IN PART and DENIED IN PART; IT IS HEREBY ORDERED THAT defendant John Doe is temporarily enjoined and restrained from further transferring the domain name www.JPE.com, from m aking any further changes to that domain names registration information, other than actions to return control of the domain name to JPE, and from using the domain name in any way. This Order shall remain in effect pending the Show Cause Hearing sched uled for NOVEMBER 7, 2016 or further order of the Court. JPE is directed to serve this Order on the defendant John Doe by OCTOBER 31, 2016 AT NOON, and to file a return of service on the docket. To the extent the court has denied JPEs Application, such denial is without prejudice to further application. Signed by Judge Janet C. Hall on 10/24/2016. (Lewis, D)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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JACOBS PRIVATE EQUITY, LLC,
Plaintiff,

v.
JOHN DOE,
Defendant.

CASE NO.
3:16-CV-1705 (JCH)

OCTOBER 24, 2016

ORDER RE: PLAINTIFF’S AMENDED APPLICATION FOR A TEMPORARY
RESTRAINING ORDER AND INJUNCTION (DOC. NO. 15)
The court previously denied (Doc. No. 14) the Application for a Temporary
Restraining Order and Injunction (Doc. No. 2) filed by plaintiff Jacobs Private Equity
(“JPE”) on October 13, 2016. JPE has now filed an Amended Application for a
Temporary Restraining Order and Injunction (“Amended Application”) (Doc. No. 15) and
a Memorandum of Law in Support of its Amended Application (“Memorandum”) (Doc.
No. 15-1). For the reasons set forth below, the Application is GRANTED IN PART and
DENIED IN PART.
JPE suggests that the court should “[d]irect . . . Network Solutions and Dynadot
to reasonably assist” in the return of its domain name. Memorandum at 11. In order for
this court to enter such an order, even one issued pursuant to the All Writs Act, 28
U.S.C. § 1651, against a non-party, it must have some connection with that non-party.
United States v. Int’l Bhd. of Teamsters, 907 F.2d 277, 281 (2d Cir. 1990) (noting that
injunctions may be issued against non-parties pursuant to All Writs Act, but requiring
that persons enjoined “have the ‘minimum contacts’ that are constitutionally required
under due process” (citing Int’l Shoe Co. v. Washington, 326 U.S. 310, 316)). Nothing

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in JPE’s papers addresses the question of whether this court has such jurisdictional
connection with Network Solutions and Dynadot or offers anything that would allow the
court to so infer. In the absence of any such assertions, or basis to support an
International Shoe finding, the Application for an Order directing action on the part of
Network Solutions and Dynadot is DENIED without prejudice.
JPE also asks that this court “[s]eize the domain name, www.JPE.com,” invoking
section 1116(d)(1)(A) of title 15 of the United States Code. See Amended Application
at 4; Memorandum at 3. However, that provision provides such relief only “[i]n the case
of a civil action arising under section 1114(1)(a) [of title 15] or section 220506 of Title
36.” 15 U.S.C. § 1116(d)(1)(A) (emphasis added). Nowhere in its filings does JPE
suggest it is seeking relief under section 1114(1)(a) of title 15 or under section 220506
of title 36 of the United States Code. Cf. Verified Complaint (Doc. No. 1) ¶¶ 38–49
(pleading causes of action under sections 1125(d) and 1125(a) of title 15 of the United
States Code). Nor does JPE make clear that it “has given such notice of the application
[for seizure] as is reasonable under the circumstances to the United States [A]ttorney”
for the District of Connecticut, as is required before this court can consider JPE’s
Application. 15. U.S.C. § 1116(d)(2). Therefore, JPE’s request that the court “[s]eize”
the domain name is DENIED.
However, as stated on the record at the hearing held on October 17, 2016, the
court finds JPE has met the requirements for entry of a temporary restraining order
against the defendant John Doe. See Winter v. Nat’l Res. Def. Counsel, Inc., 555 U.S.
7, 20 (2008). Therefore, the Application is GRANTED as to the defendant John Doe in
part.

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IT IS HEREBY ORDERED THAT defendant John Doe is temporarily enjoined
and restrained from further transferring the domain name www.JPE.com, from making
any further changes to that domain name’s registration information, other than actions
to return control of the domain name to JPE, and from using the domain name in any
way.
This Order shall remain in effect pending the Show Cause Hearing scheduled for
NOVEMBER 7, 2016 or further order of the Court. JPE is directed to serve this Order
on the defendant John Doe by OCTOBER 31, 2016 AT NOON, and to file a return of
service on the docket.
To the extent the court has denied JPE’s Application, such denial is without
prejudice to further application.
SO ORDERED.
Dated at New Haven, Connecticut this 24th day of October, 2016.

__/s/ Janet C. Hall_________
Janet C. Hall
United States District Judge

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