Yes.
Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate. Each time, Klhip's allegations have been found baseless (and Thursday's Amazon presence has been restored).
Thursday, a Florida corporation located in Clearwater, sued Klhip for unfair competition, tortious interference, and violations of Florida's Deceptive and Unfair Trade Practices Act (FDUPTA) (among other claims). Klhip, whose CEO lives in Idaho, sought to transfer the case there pursuant to either 28 U.S.C. 1391(b) (arguing that venue in M.D. Fla. was entirely improper) or 28 U.S.C. 1404(b) (arguing that it would be more convenient to litigate in Idaho).
Concerning the propriety of venue (28 U.S.C. 1391(b)), the Court quickly disposed of Klhip's challenge. Thursday notes that it sells thousands of its nail clippers in this district, and Klhip's statements about Thursday (to Amazon) have hurt Thursday in this district, thus supporting jurisdiction The Court agreed.
Concerning transfer for convenience of the parties, the Court rejected Klhip's argument that Idaho would be more convenient. The analysis followed the typical analysis in a 1404 decision, but notably noticed the importance of the FDUPTA claim, explaining that: "[a] district judge in Florida indisputably has the advantage in an action based on Florida law and is most adept at applying Florida law. As a result [familiarity with the governing law] distinctly disfavors transfer."
Motion to transfer, denied.
Thursday, LLC v. Klhip, Inc., Case No. 8:17-cv-1587-T-36AEP (M.D. Fla. July 11, 2018) (J. Honeywell)
Monday, August 6, 2018
Subscribe to:
Post Comments (Atom)
Subscribe via Email
It is a very common tactic to use fake notices of infringement to eliminate competition on Amazon. This ruling is great news for victims of this practice who are in M.D Fla. Unfortunately, at least one court in another jurisdiction has come to the opposite conclusion is a nearly identical case. It will be interesting to see if some consensus emerges on this issue.
ReplyDeleteAre you tired of seeking loans and Mortgages,have you been turned down constantly By your banks and other financial institutions,We offer any form of loan to individuals and corporate bodies at low interest rate.If you are interested in taking a loan,feel free to contact us today,we promise to offer you the best services ever.Just give us a try,because a trial will convince you.What are your Financial needs?Do you need a business loan?Do you need a personal loan?Do you want to buy a car?Do you want to refinance?Do you need a mortgage loan?Do you need a huge capital to start off your business proposal or expansion? Have you lost hope and you think there is no way out, and your financial burdens still persists? Contact us (gaincreditloan1@gmail.com)
ReplyDeleteYour Name:...............
Your Country:...............
Your Occupation:...............
Loan Amount Needed:...............
Loan Duration...............
Monthly Income:...............
Your Telephone Number:.....................
Business Plan/Use Of Your Loan:...............
Contact Us At : gaincreditloan1@gmail.com
Thannk you for being you
ReplyDelete