Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc.
888 F. Supp. 2d 691
D. Maryland2012Background
- MRIS, a Delaware corporation and Maryland subscriber-based MLS operator, sues AHRN and Cardella for copyright, Lanham Act, and related tort claims regarding MRIS Database content.
- AHRN operates NeighborCity.com, which displays MRIS listings and photos without MRIS license, leading MRIS to allege infringement since 2011.
- MRIS claims ownership of the MRIS Database copyrights and that photographs in the database bear MRIS notices; MRIS registered the compilation with the Copyright Office.
- Cardella is AHRN’s CEO; MRIS alleges personal involvement but offers scant Maryland-specific evidence tying Cardella to infringing acts.
- AHRN allegedly generated substantial Maryland revenue from referrals and had Maryland-listed listings; MRIS seekes injunctive relief and damages.
- The court granted Cardella’s 12(b)(2) motion (no personal jurisdiction); denied AHRN’s 12(b)(2) motion; denied MRIS’s surreply as moot; and granted MRIS’s preliminary injunction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Cardella | MRIS asserts Cardella’s personal contacts with Maryland. | Cardella’s status as AHRN CEO is insufficient. | Cardella dismissed for lack of jurisdiction. |
| Personal jurisdiction over AHRN | AHRN actively transacted business and targeted Maryland residents. | AHRN contends insufficient Maryland-directed activity. | AHRN’s motion denied; Maryland long-arm satisfied. |
| Venue | Venue proper where AHRN resides or where substantial events occurred in Maryland. | Needed to evaluate under §1391; no improper venue. | Venue denied as improper venue defense. |
| Failure to state a claim (copyright claims on photographs) | MRIS owns copyrights in underlying photographs via compilation registration; photos copied. | Registration of a compilation may not cover underlying photos; insufficient registration. | MRIS demonstrated validity of copyrights; denial of summary judgment; claims survive. |
Key Cases Cited
- Carefirst of Md., Inc. v. Carefirst Pregnancy Centers, Inc., 334 F.3d 390 (4th Cir. 2003) (plaintiff bears burden to show jurisdiction; due process concerns in §6-103 analyses)
- CoStar Realty Info., Inc. v. Field, 612 F.Supp.2d 660 (D. Md. 2009) (analysis of long-arm jurisdiction and forum-related contacts)
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (originality standard for compilations and selection/arrangement requirements)
- Calder v. Jones, 465 U.S. 783 (1984) (the effects test for personal jurisdiction in torts involving out-of-state conduct)
- ALS Scan, Inc. v. Digital Serv. Consultants, Inc., 293 F.3d 707 (4th Cir. 2002) (directed electronic activity into the state supports jurisdiction)
- Xoom, Inc. v. Imageline, Inc., 323 F.3d 279 (4th Cir. 2003) (registration of compilations can cover underlying works under certain conditions)
- Planet Technologies, Inc. v. Planit Technology Group, LLC, 735 F.Supp.2d 397 (D. Md. 2010) (distinguishes when personal jurisdiction over a CEO is established by specific involvement)