- From LexisNexis® Mealey’s™ Daily Legal
Saying that a cookie company asserting trademark infringement and unfair competition failed to show Utah jurisdiction over the New Jersey-based defendant, a federal judge on May 29 dismissed the claims (Caspers Ice Cream Inc. v. The Fatboy Cookie Company Inc., No. 1:12-CV-133, D. Utah, Central Div.; 2013 U.S. Dist. LEXIS 76058).
Caspers Ice Cream Inc. brought suit in U.S. District Court for the District of Utah against The Fatboy Cookie Co. Inc. claiming trademark infringement and unfair competition, according to Judge Clark Waddoups. Caspers, based in Utah, sells ice cream nut sundaes on a stick, ice cream sandwiches and other products using a “FAT BOY” mark, Judge Waddoups said. Fatboy Cookie is a one-employee New Jersey company founded around 2004 that offers cookie dough and clothing for sale as “The Fatboy Cookie Company” and “Fatboy’s Outrageous Cookie Dough,” Judge Waddoups said.
Caspers alleged that Fatboy’s use of its mark was likely to cause confusion as to the origin of its products. Fatboy moved to dismiss on the basis of personal jurisdiction.
“Fatboy Cookie offers the declaration of Joel Ansh, who states that Fatboy Cookie has had almost no contact with the state of Utah, that it is not located or registered to do business in Utah, does not sell products in stores in Utah, has no property, bank accounts or other assets in Utah, has no employees, agents or representatives in Utah, and does not have any customers that are Utah residents,” Judge Waddoups said. “Caspers offers no evidence to contradict this testimony.”
“The court finds that Plaintiff Caspers has not met its burden to show that Fatboy Cookie had either substantial and continuous contacts or such minimum contacts with Utah to exercise general or specific personal jurisdiction and, therefore, the court GRANTS the motion to dismiss,” the judge said.
Caspers is represented by Karl R. Cannon and Brett J. Davis of Clayton, Howarth & Cannon in Sandy, Utah. Fatboy is represented by H. Dickson Burton and Daniel J. Morath of Traskbritt in Salt Lake City and Michael R. Friscia of McCarter & English in Newark, N.J..