Centennial Fence Supply Company, LLC v. Toolguy.com
1:23-cv-02825
| D. Colo. | May 13, 2025Background
- Centennial Fence Supply Company alleges Defendants Toolguy.com, DrillBitWarehouse.com, Michael Aken, and Alexander Aken infringed its trademark “Puljak” under the Lanham Act.
- Defendants moved to dismiss for lack of personal jurisdiction, claiming insufficient contacts with Colorado; alternatively, they contest venue and challenge the sufficiency of the claim.
- After a stay was entered pending a ruling on the motion to dismiss, Centennial sought leave for limited jurisdictional discovery to respond to the jurisdictional arguments.
- Centennial narrowed its request to discovery regarding the timing and quantity of Defendants’ sales, particularly those to Colorado residents, from 2006 to present.
- The court was asked to decide whether Centennial could conduct jurisdictional discovery before responding to the motion to dismiss, and if an extension should be granted for its response.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stay order bars discovery | The stay did not preclude jurisdictional discovery | The stay generally halted discovery, which should be respected | Stay did not forbid jurisdictional discovery |
| Compliance with local conferral rule | Centennial made sufficient efforts to confer | Plaintiff did not fully comply with conferral requirements | Conferral effort was minimally sufficient |
| Sufficiency of factual predicate for discovery | Needs discovery to challenge jurisdictional facts | No sufficient basis for jurisdictional discovery | Sufficient predicate for limited discovery found |
| Scope/breadth of requested discovery | Will limit requests as appropriate | Discovery sought remains overbroad or undue | Discovery ordered but limited to 5 years/targeted |
Key Cases Cited
- Sizova v. Nat’l Inst. of Standards & Tech., 282 F.3d 1320 (10th Cir. 2002) (discretionary denial of jurisdictional discovery is abuse if it results in prejudice to the plaintiff)
- Dental Dynamics, LLC v. Jolly Dental Grp., LLC, 946 F.3d 1223 (10th Cir. 2020) (district courts have broad discretion regarding discovery)
- Shrader v. Biddinger, 633 F.3d 1235 (10th Cir. 2011) (website sales can establish jurisdiction depending on nature/degree of contacts)