Everlast World's Boxing Headquarters Corp. v. Ringside, Inc.
928 F. Supp. 2d 735
S.D.N.Y.2013Background
- Everlast sued Ringside, RAL, and Combat for contract breach, trademark infringement, and unjust enrichment; Ringside later filed for bankruptcy in Kansas.
- Everlast asserts two License Agreements: Boxing Products (US/Canada Trademarks) and Catalogue/Website (minimum purchase terms), both governed by New York law.
- Allegations include that Ringside breached by withholding royalties and selling licensed Everlast products; Everlast terminated the agreements in June 2012.
- Everlast contends Ringside formed Combat and RAL to shield creditors and continue Ringside’s business; Combat and RAL allegedly operate from Ringside’s premises with common ownership and personnel.
- Allegations include that Ringside’s payments to Everlast were directed from New York and that Ringside conducted activities in New York related to the licenses.
- Ringside’s bankruptcy stay in the District of Kansas is noted; the court ultimately transferred the case to Kansas and denied personal jurisdiction for RAL/Combat without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case should be transferred under § 1404(a). | NY connections and license negotiations favor NY. | Most operative facts in Kansas; witnesses and parties located there; transfer warranted. | Transfer granted to District of Kansas. |
| Whether the court has personal jurisdiction over RAL and Combat. | RAL/Combat are alter egos of Ringside and tied to NY activities. | No NY contacts by RAL/Combat; jurisdiction lacking. | Denied without prejudice. |
Key Cases Cited
- In re Cuyahoga Equipment Corp., 980 F.2d 110 (2d Cir. 1992) (standard for § 1404(a) transfer analysis and weighing factors)
- ESPN, Inc. v. Quiksilver, Inc., 581 F. Supp. 2d 542 (S.D.N.Y. 2008) (importance of witnesses in trademark disputes for transfer)
- Gulf Insurance Co. v. Glasbrenner, 417 F.3d 353 (2d Cir. 2005) (strict construction of venue and § 1404(a) considerations)
