CR Associates, L.P. v., LLC et al. (17-cv-10551).

CR Associates sued Selfstorage and Sparefoot, Inc. (and a third party, since voluntarily dismissed), alleging state and federal trademark infringement and unfair competition relating to defendants’ alleged use of CR’s “Cross Road Storage” mark to boost defendants’ Google search results and to indicate, on defendants’ website, that CR’s self-storage facility is unavailable and redirect viewers to other storage sites under contract with the defendants. Judge Sorokin granted Selfstorage’s motion to dismiss for lack of personal jurisdiction, finding that Selfstorage merely licensed use of its “” domain name to Sparefoot for a licensing fee, which was insufficient to demonstrate purposeful availment of Massachusetts.  He granted Sparefoot’s motion to transfer pursuant to a forum selection clause in a contract between CR and Sparefoot executed on February 2, 2017, and denied CR’s emergency motion to amend its complaint as futile, as nothing in the amended complaint limited the allegations to the period prior to the execution of the agreement.  Judge Sorokin rejected CR’s argument that the terms of service that included the forum selection clause could not be applied, finding the on-line terms’ notification and affirmative requirement of agreement sufficed to render the term enforceable.  He likewise rejected CR’s argument that the requirement person executing the agreement on CR’s behalf lacked authority to bind CR, finding that the person had implied authority to do the acts required to enter into the agreement the company had asked him to enter into, and that the conduct of CR’s principal following the execution of the agreement was consistent with having conferred such authority.  The case was transferred to the Western District of Texas.