Brownstone Inv. Grp. v. Bonner & Partners

Full title: Brownstone Investment Group LLC, Plaintiff, v. Bonner & Partners, LLC, et al., Defendants.

Court: United States District Court, S.D. New York

Date published: Aug 5, 2021

Facts

Plaintiff Brownstone Investment Group LLC is a limited liability company with its principal place of business in New York. Am. Compl. ¶ 3. It is a “well-established financial services company providing, inter alia, funds investment and investment fund management services and securities trading services.” Id. ¶ 1. Plaintiff has two federally registered trademarks-BROWNSTONE and BROWNSTONE ASSET MANAGEMENT-that it has used to identify its services since at least December 2004. Id. ¶¶ 10-12. Plaintiff alleges that these trademarks “have developed substantial and valuable goodwill.” Id. ¶ 1.

Defendant Bonner & Partners, LLC is a Maryland limited liability company with its principal place of business in Delray Beach, Florida. Id. ¶ 4. Defendant Jeff Brown is an  individual who is domiciled in a state other than New York. Id. ¶ 5. Bonner offers financial services and publishes newsletters under various brands, including BROWNSTONE RESEARCH. Id. ¶ 1; Cohen Decl. ¶¶ 3-4, Dkt. No. 29. The BROWNSTONE RESEARCH newsletter is named after individual defendant Brown. Brown Decl. ¶ 3, Dkt. No. 30. The newsletter, website, and other related communications to purchasers “prominently display[] [Defendant Brown’s] name and likeness.” Am. Compl. ¶ 17. The defendants’ promotional materials state that individual Brown is the “Founder and Chief Investment Analyst” of Brownstone Research. Id.

Issue

Decision

For the reasons stated above, the defendants’ motion to dismiss is GRANTED. This action is dismissed for lack of personal jurisdiction. All other pending motions are denied as moot. The Clerk of Court is respectfully directed to enter judgment and close the case.

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