930 F. Supp. 2d 145
D.D.C.2013Background
- Hayes alleges he owns a U.S. trademark for “WETT” in class 38 and a common-law mark for Internet/radio broadcasting.
- Hayes resides in Maryland and sues Withers Broadcasting Company of Bridgeport, LLC, and its radio station WETT(FM) in Bridgeport, WV (104.1 FM).
- Hayes claims Withers registered the “WETT” call sign with the FCC and uses a DC-based attorney to interact with the FCC.
- Hayes asserts the WETT website, accessible in the District of Columbia, facilitates interaction with staff and services.
- Defendants move to dismiss for lack of personal jurisdiction, lack of subject matter jurisdiction, improper venue, and failure to state a claim.
- Court focuses on personal jurisdiction and grants dismissal for lack of jurisdiction, denying attorney-fee request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Agency/agent exception to government contacts | Hayes argues the attorney acts as an agent; agency gives jurisdiction. | Government contacts doctrine precludes jurisdiction; no agent-based basis established. | No jurisdiction; agency exception rejected. |
| Website-based jurisdiction | Website access by DC residents shows minimum contacts with the forum. | Mere accessibility does not establish purposeful availment or transacting business. | No jurisdiction; website alone insufficient. |
| Other DC long-arm provisions (13-423(a)(3)/(a)(4)) | Infringement harms in DC create jurisdiction under tort-based subsections. | No DC-based tort injury shown; no jurisdiction under these subsections. | No jurisdiction under 13-423(a)(3)/(a)(4). |
Key Cases Cited
- Environmental Research Int’l, Inc. v. Lockwood Greene Eng’rs, Inc., 355 A.2d 808 (D.C. Cir. 1976) (government contacts doctrine; entry via federal agency dealing with not alone basis)
- Rose v. Silver, 394 A.2d 1368 (D.C. 1978) (agency as agent transacting business; First Amendment considerations)
- Lex Tex Ltd. v. Skillman, 579 A.2d 244 (D.C. 1990) (agency/agent discussions in government contacts context)
- Ferrara v. United States v. Ferrara, 54 F.3d 825 (D.C. Cir. 1995) (merge of statutory and constitutional questions for jurisdiction)
- GTE New Media Servs. Inc. v. BellSouth Corp., 199 F.3d 1343 (D.C. Cir. 2000) (internet contacts and minimum contacts clarification)
- Edmond v. U.S. Postal Serv. Gen. Counsel, 949 F.2d 415 (D.C. Cir. 1991) (minimum contacts standard for personal jurisdiction)