United States District Court, N.D. Indiana, South Bend Division
OPINION AND ORDER
L. Miller, Jr. Judge United States District Court.
Inc. filed suit against National Indoor RV Centers, LLC
(“NIRVC”), NIRVC-AZ, LLC (“National
Arizona”), National Indoor RV Centers-GA, LLC
(“National Georgia”) and Angie Morell, alleging
that they infringed on its Entegra Coach trademarks and
engaged in unfair competition in violation of federal and
state law and breached their dealership agreements when they
used those trademarks to market and sell Entegra Coach motor
homes in Texas without Jayco's permission. The defendants
(collectively, “National”) moved to dismiss the
suit for lack of personal jurisdiction and improper venue.
For the following reasons, the court grants their motion.
Standard of Review
dismissal motion raises the issue of personal jurisdiction,
the plaintiff must establish personal jurisdiction over each
of the defendants. Advanced Tactical Ordnance Sys., LLC
v. Real Action Paintball, Inc., 751 F.3d 796, 799 (7th
Cir. 2014); Tamburo v. Dworkin, 601 F.3d 693, 700
(7th Cir. 2010); Purdue Research Foundation v.
Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir.
2003). The court can receive and weigh affidavits, exhibits
and other evidence in determining whether it has personal
jurisdiction, Purdue Research Foundation v.
Sanofi-Synthelabo, S.A., 338 F.3d at 782; Nelson v.
Park Indus., Inc., 717 F.2d 1120, 1123 n.7 (7th Cir.
1983). “[O]nce the defendant has submitted affidavits
or other evidence in opposition to the exercise of
jurisdiction, the plaintiff must go beyond the pleadings and
submit affirmative evidence supporting the exercise of
jurisdiction.” Purdue Research Foundation v.
Sanofi-Synthelabo, S.A., 338 F.3d at 783.
all motions to dismiss, the court must accept all
well-pleaded facts alleged in the complaint as true, and draw
all reasonable inferences in the plaintiff's favor.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009);
Anicich v. Home Depot U.S.A., Inc., 852 F.3d 643,
648 (7th Cir. 2017). Any factual disputes in the affidavits
must also be resolved in the plaintiff's favor.
Tamburo v. Dworkin, 601 F.3d at 700; Purdue
Research Foundation v. Sanofi-Synthelabo, S.A., 338 F.3d
facts that follow are taken from the complaint, affidavits,
and exhibits submitted in support of the parties arguments,
are deemed to be true for purposes of this motion, and,
consistent with the standard outlined above, have been
construed in a light most favorable to Jayco.
is an Indiana corporation with its principal place of
business in Middlebury, Indiana. National is a Delaware
limited liability company, with its principal place of
business in Plano, Texas, and is a citizen of Texas,
Connecticut, and Utah. National Arizona is an Arizona limited
liability company and a wholly owned subsidiary of National,
with its principal place of business in Phoenix, Arizona.
National Georgia, another wholly owned subsidiary of
National, is a Georgia limited liability company, with its
principal place of business in Lawrenceville, Georgia. [Doc.
Nos. 1 at ¶ 10 and 25-1 at ¶ 5, 6]. Angie Morell is
a citizen of Texas. [Doc. Nos. 1 at ¶ 11 and 25-4 at
¶ 2]. The defendants don't reside in or have any
members, employees, agents, offices, or real property in
and Entegra Coach (a division of Jayco) design, manufacture,
and sell motor homes through a network of independent dealers
located throughout the United States. Entegra Coach is one of
Jayco's registered trademarks, as are the Entegra Coach
symbol (“EC” in script format inside a circle),
and the model names of Entegra Coach motorhomes (Insigna,
Aspire, Anthem, and Cornerstone).
November 2016, National and Jayco entered into a Dealership
Sales and Service Agreement that authorized National Arizona:
“to sell and service Entegra Coach Products and
represent itself as an Entegra Coach Dealer” in
Maricopa and Gila Counties in Arizona (which the agreement
calls the “Dealer Sales Territory”); “to
purchase Entegra Coach product(s)...including accessories and
repair parts”; and “to use Entegra Coach's
trade names and trademarks in the promotion, sales, and
service of Entegra Coach Products.” The Agreement
prohibited National Arizona from: “establish[ing] an
Entegra Coach sales location [or] originat[ing] sales of
Entegra Coach Products outside its Dealer Sales
Territory”, and “display[ing] product(s) for sale
or marketing purposes within another Dealer's Sales
Territory without the written consent of Entegra
Coach.” Negotiations about National's Arizona
dealership took place by telephone, email, and during in
person meetings in Texas, and National vice president Hal
Kendrick executed the dealership application and dealership
sales and service agreement in Texas, in November 2016.
Chief Financial Officer, Angelo Prieto, completed a
dealership application for National Georgia at National's
Texas office in April 2013, and Jayco alleges that it
executed a dealership agreement that was “substantially
similar” to the National Arizona
agreement. On June 29, 2016, Brett Davis, the CEO for
National and its subsidiaries, signed a “Line-Make
Addendum Page” at the Texas office, agreeing that
National Georgia would “maintain in stock or on
order” a minimum of four Entegra Coach “Insignia
Class A Motorhomes” at its Lilburn, Georgia location,
and would “concentrate its best efforts toward
attaining the designated target retail performance objective
[a minimum of 16 units annually].”
those agreements, National Arizona and National Georgia are
licensed dealers for Entegra Coach. National also sells motor
homes in Lewisville, Texas, but it isn't licensed to sell
Entegra Coach motor homes there.
August 2013 and June 2017, National ordered 251 Entegra Coach
motor homes from Jayco (valued at $77.2 million) through Ted
Cook, a Jayco saleperson located in Middlebury, Indiana.
About the same time, National also purchased parts valued at
$391, 836.00, using Jayco's online Dealer Portal, which
is “hosted” in Middlebury, Indiana. The parts
were invoiced from Jayco's offices in Indiana to
National's primary administrative office in Plano, Texas,
and were shipped to Georgia, Arizona, and Texas.
presented evidence that all orders for Entegra Coach motor
homes were processed and forwarded from its Texas office, and
that all of those motor homes were sold by National Arizona
in Arizona or by Georgia in Georgia. Jayco hasn't
presented any evidence to the contrary.
request for warranty work and warranty claims were submitted
online, and were processed at Jayco's warranty center in
Indiana. Joyce Skinner, Jayco's Director of Customer
Service for Entegra Coach, attests that National submitted 3,
898 preauthorization request between July 2015 and June 2017;
that National Georgia submitted 1, 021 warranty claims and
was paid $754, 119.67 for those claims between November 2013
to June 2017; and that National Arizona submitted 41 warranty
claims between April and June 2017, and was paid $22, 495.81
for those claims.
Jayco's request, National registered and/or sent six
service technicians to Indiana for training on Entegra Coach
products between 2014 and 2017.
Jayco received a complaint from Motorhome Specialist, its
dealer in Dallas, Texas, that National was selling Entegra
Coach motor homes from its Lewisville, Texas location (which
is within Motor home Specialists' assigned territory),
Jayco sent a private investigator to make inquiries.
complaint alleges in pertinent part that:
• On or about May 9, 2017, a private investigator hired
by Jayco visited NIRV[C]'s Lewisville location. The
[investigator] inquired about purchasing an Entegra Coach.
Initially, [a National] salesperson, Stephanie Lopez, told
the [investigator] that [National] was not allowed to sell
Entregra Coach motorhomes from the Texas location. Lopez told
the [investigator] that they would fly a buyer to
[National's] locations in Georgia or Arizona to purchase
an Entegra Coach. Lopez then showed a 2017 Entegra to the
[investigator]. Lopez told the [investigator] that she would
introduce the [investigator] to Angie Morell, who was a
salesperson on contract, and not an employee of
[National]-TX, so that Morell could sell an Entegra Coach to
the [investigator]. However, Morell's ...