UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANAINDIANAPOLIS DIVISIONANGIE’S LIST, INC.,Plaintiff/Counterclaim Defendant,v.SERVICEMAGIC, INC.,Defendant/Counterclaim Plaintiff.Case No. 1:12-cv-755-SEB-TAB
ANGIE’S LIST’S ANSWER TO SERVICEMAGIC’S COUNTERCLAIMS
Plaintiff/Counterclaim Defendant, Angie’s List, Inc. (“Angie’s List”), by counsel, for itsAnswer to the Counterclaims of Defendant/Counterclaim Plaintiff, ServiceMagic, Inc.(“ServiceMagic”), states as follows:
THEPARTIES
1. ServiceMagic is a Delaware corporation with its principal place of business inGolden, Colorado.
ANSWER:
Angie’s List admits the allegations of paragraph 1 of ServiceMagic’sCounterclaims.2. Angie’s List is a Delaware corporation with its principal place of business inIndianapolis, Indiana.
ANSWER:
Angie’s List admits the allegations of paragraph 2 of ServiceMagic’sCounterclaims.
Case 1:12-cv-00755-SEB-TAB Document 15 Filed 08/29/12 Page 1 of 12 PageID #: 76
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JURISDICTIONANDVENUE
1. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and1338, because it arises under the Lanham Act, 15 U.S.C. § 1125. This Court has supplemental jurisdiction over the related state court claims under 28 U.S.C. § 1367.
ANSWER:
Angie’s List admits that the Court generally has subject matter jurisdictionover Lanham Act actions under 15 U.S.C. §1125, 28 U.S.C. §§1331, and 1338(a) and that theCourt generally has supplemental jurisdiction over state court claims under 28 U.S.C. § 1367, butdenies that ServiceMagic has any valid claims against Angie’s List.2. This Court has personal jurisdiction over Angie’s List because it maintains itsprincipal place of business in this district, because it does business in this district, because it hascommitted statutory torts within this district, because it has sufficient contacts to subject it topersonal jurisdiction in this district, and because it voluntarily filed this action in this Court.
ANSWER:
Angie’s List admits that the Court generally has personal jurisdiction overAngie’s List because it maintains its principal business in this district, does business in thisdistrict, has sufficient contacts in this district, and voluntarily filed this action in this Court, butAngie’s List denies that it has committed statutory torts within this district.3. Venue is proper in this Court under 28 U.S.C. § 1391 because Angie’s Listmaintains its principal place of business and resides in this district, and because a substantial partof the events or omissions giving rise to the claims occurred in this district.
ANSWER:
Angie’s List admits the allegations contained in paragraph 3 of ServiceMagic’s Counterclaims.
Case 1:12-cv-00755-SEB-TAB Document 15 Filed 08/29/12 Page 2 of 12 PageID #: 77
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ALLEGATIONSCOMMONTOALLCOUNTS
4. ServiceMagic, operating since 1999, is a leading national website connectingcustomers to screened and approved local home improvement, home maintenance and homerepair service professionals, drawing millions of different visitors to its website monthly. Itcharges no subscription fees or other fees to consumers for its services.
ANSWER:
Angie’s List is without knowledge or information sufficient to form abelief as to the truth or accuracy of the allegations contained in paragraph 4 of ServiceMagic’sCounterclaims and therefore denies the same.5. To join the ServiceMagic network, home improvement professionals must pass arigorous screening process. Professionals in the ServiceMagic network pay a modest enrollmentfee, and for consumer leads according to a fixed schedule.
ANSWER:
Angie’s List is without knowledge or information sufficient to form abelief as to the truth or accuracy of the allegations contained in paragraph 5 of ServiceMagic’sCounterclaims and therefore denies the same.6. ServiceMagic matches contractors with consumers who request assistance basedon a variety of factors. Contractors cannot “bid” for consumer leads and cannot obtainServiceMagic leads by paying more than other contractors.
ANSWER:
Angie’s List is without knowledge or information sufficient to form abelief as to the truth or accuracy of the allegations contained in the first sentence of paragraph 6of ServiceMagic’s Counterclaims and therefore denies the same. Angie’s List further denies theallegations contained in the second sentence of paragraph 6 of ServiceMagic’s Counterclaims.
Case 1:12-cv-00755-SEB-TAB Document 15 Filed 08/29/12 Page 3 of 12 PageID #: 78
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