IvyMedia Corp. v. Take Tour, Inc.

Full title: IVYMEDIA CORPORATION, Plaintiff, v. TAKE TOUR, INC., et al. Defendants.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Date published: Jul 9, 2013

Civil Action No. 12-11535-NMG (D. Mass. Jul. 9, 2013)

Opinion

Civil Action No. 12-11535-NMG

2013-07-09

IVYMEDIA CORPORATION, Plaintiff, v. TAKE TOUR, INC., et al. Defendants.

Boal

REPORT AND RECOMMENDATION ON ALAN ZOU'S MOTION TO DISMISS

(Docket No. 14)

Boal, M.J.

Plaintiff IvyMedia Corporation ("IvyMedia") filed suit against defendants Take Tour, Inc., Alan Zou and John Doe alleging unfair competition, cybersquatting, false advertising, unfair and deceptive trade practices, and trademark infringement. Defendant Alan Zou has moved to dismiss the claims against him for lack of personal jurisdiction, improper venue, and failure to state a claim. Docket No. 14.¹ For the following reasons, this Court recommends to the District Judge assigned to this case that he deny the motion.

1 On October 3, 2012, the District Court referred Zou's motion to dismiss to the undersigned for a report and recommendation. Docket No. 22.

I. PROCEDURAL BACKGROUND

IvyMedia filed its complaint on August 17, 2012. Docket No. 1. IvyMedia also filed motions for a temporary restraining order and a preliminary injunction. Docket Nos. 2, 3. On