Marc Labelle & Stick Songs, LLC v. Dobbins, 3:21-cv-00229

• Decision Date: 09 June 2021
• Docket Number: No. 3:21-cv-00229,3:21-cv-00229
• Parties: MARC LABELLE AND STICK SONGS, LLC, p/k/a DIRTY HONEY, Plaintiffs, v. MAHLON RAY DOBBINS, a/k/a MAHLON MURDER, ANTHONY NEWSOME, AND NATHAN CRANFORD, performing as "DIRTY HONEY" Defendants.
• Court: U.S. District Court — Middle District of Tennessee

MARC LABELLE AND STICK SONGS, LLC, p/k/a DIRTY HONEY, Plaintiffs,
v.
MAHLON RAY DOBBINS, a/k/a MAHLON MURDER,
ANTHONY NEWSOME, AND NATHAN CRANFORD,
performing as "DIRTY HONEY" Defendants.

No. 3:21-cv-00229

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

June 9, 2021

MEMORANDUM OPINION AND ORDER

There are at least two musical bands named "Dirty Honey," one a rock-and-roll band formed in Los Angeles, California, the other a hard rock/soul band out of Winston-Salem, North Carolina. Marc Labelle, a member of the Los Angeles band, claims he owns the trademark to the name "Dirty Honey" that he licensed to Stick Songs, LLC. They sue Mahlon Ray Dobbins, Anthony Newsome, and Nathan Cranford-the members of the North Carolina band-for trademark infringement. Although it would be interesting to see how this battle of the band plays out, the Court lacks personal jurisdiction over the matter. Accordingly, Defendants' Motion to Dismiss (Doc. No. 23) will be granted.

"Personal jurisdiction may be found either generally or specifically." Miller v. AXA Winterthur Ins. Co., 694 F.3d 675, 678 (6th Cir. 2012) (quoting Air Prods. & Controls, Inc. v. Safetech Int'l, Inc., 503 F.3d 544, 549-50 (6th Cir. 2007)). A plaintiff has the burden of showing personal jurisdiction, but "that burden is 'relatively slight' where, as here, the . . . court rules without

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conducting an evidentiary hearing." MAG IAS Holdings, Inc. v. Schmuckle, 854 F.3d 894, 899 (6th Cir. 2017) (citing Air Prods. 503 F.3d at 549). "To defeat dismissal in this context, [the plaintiff] need make only a prima facie showing that personal jurisdiction exists." Id.

Defendants contend that this court has neither general or specific jurisdiction. "General jurisdiction depends on continuous and systematic contact with the forum state, so that the courts may exercise jurisdiction over any claims a plaintiff may bring against the defendant." Kerry Steel, Inc. v. Paragon Indus., Inc., 106 F.3d 147,149 (6th Cir. 1997). Specific jurisdiction, on the other hand, deals with a defendant's contacts with the forum state relating to the claims at issue. AlixPartners. LLP v. Brewington, 836 F.3d 543, 549-50 (6th Cir. 2016).

In response to Defendants' Motion, "Plaintiffs agree that Defendants are not subject to general jurisdiction in Tennessee but would be in North Carolina." (Doc. 30 at 2). As for specific jurisdiction, Plaintiffs write:

Defendants have availed themselves of the privilege of conducting business in Tennessee by attempting to cause confusion by promoting live performances here in Nashville, Tennessee that are actually performances by Plaintiffs' band, Dirty Honey. This willful conduct created a likelihood of confusion that caused specific injury to the Plaintiffs here in Nashville. If consumers believed the performance to be that of the North Carolina band, they may not support the performance or buy tickets, thereby causing injury to Plaintiffs that is felt here in Tennessee. Furthermore, this infringing activity took place after Plaintiffs' trademark was duly registered and after Defendants had abandoned any protectable use in the name "Dirty Honey."

(Id. at 1-2) (internal citation omitted). Plaintiffs also request that, if this Court finds jurisdiction lacking, the case be transferred to the Middle District of North Carolina where it could have been brought originally.

Plaintiffs argue that Defendants purposefully availed themselves of the privilege of doing business in Tennessee based upon a post in "Reverb Nation" and Defendants' link to that website

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via their Facebook page. The Reverb Nation website indicates that Dirty Honey had a number of play dates in various cities across the country in 2019 and 2020, and was scheduled to play...