3:23-cv-01676
S.D. Cal.Aug 1, 2025Background
- Plaintiff Dean L. Knuth alleges that Cap Patrol, LLC (Ohio and Kentucky) and George E. Thurner, III misappropriated his golf "Sandbagging Systems" and used his name without consent in marketing materials.
- Plaintiff initially filed a complaint and two amended complaints; the Court previously dismissed certain claims with leave to amend, particularly regarding personal jurisdiction and failure to state a claim.
- Plaintiff’s Third Amended Complaint (TAC) included additional allegations of targeted business activity and marketing efforts directed at California.
- Defendants again sought dismissal for lack of personal jurisdiction and preemption by federal law, and moved to strike requests for punitive damages and attorneys’ fees under California law.
- Plaintiff also sought reconsideration of the prior dismissal of copyright and trademark claims with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal Jurisdiction | Sufficient forum contacts: direct marketing to CA clubs and customers | Website/app alone is insufficient, minimal contacts | Denied: Allegations of targeting/gaining CA customers suffice |
| Federal Preemption | Claims under state law not preempted—deals with name and system, not copyright | Claims are preempted by federal copyright law | Denied: Claims relate to name use/non-copyrightable systems |
| Motion to Strike Damages | Eligible for punitive damages/fees under CA law | No trade secret claim—statutes inapplicable | Partially granted: Statutory references stricken, but general request stays |
| Motion for Reconsideration | Dismissal of copyright/trademark causes is manifest injustice | Plaintiff failed to allege necessary facts previously | Denied: Plaintiff offered no new facts; prior ruling stands |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard for facial plausibility)
- Ashcroft v. Iqbal, 556 U.S. 662 (conclusory allegations are insufficient)
- Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797 (plaintiff’s burden to establish personal jurisdiction)
- Ballard v. Savage, 65 F.3d 1495 (three-prong test for specific personal jurisdiction)
- Laws v. Sony Music Ent., Inc., 448 F.3d 1134 (two-part test for copyright preemption of state law claims)
- Maloney v. T3Media, Inc., 853 F.3d 1004 (publicity-right claims not preempted when focused on non-consensual commercial use)
- Mavrix Photo, Inc. v. Brand Techs., Inc., 647 F.3d 1218 ("something more" than interactive website needed for purposeful availment)