inferences therefrom to the nonmovant’s behoof.”
R.G. Fin. Corp. v. Vergara-Nunez
446 F.3d 178, 182 (1st Cir. 2006).
“Specifically, advertisers hire Chitika to place advertisements on websites thatare owned and operated by third parties, who are referred to as ‘publishers,’ andChitika pays those publishers to present advertisements on their sites.
Answer ¶ 4.
The Pharmatext website was shut down by an Order of this court. Am. Compl. ¶ 19;
Dkt # 13 (Order on Plaintiffs’ Motion for a Preliminary Injunction).
England and headquartered in London. Am. Compl. ¶ 1. Plaintiff Wiley is a publishingcorporation organized under the laws of New York, with its principal place of businessin Hoboken, New Jersey.
. ¶ 2. Defendant Chitika is “a data analytics company inthe business of on-line advertising.”
Answer ¶ 4. It is organized under the laws of Delaware and headquartered in Westborough, Massachusetts.
. ¶ 4. DefendantKapil Dev Saggi, a citizen and resident of India, operated the websitewww.pharmatext.org (the Pharmatext website). Am. Compl. ¶ 18.
The Pharmatext home page was titled “
Pharmatext.org, Free Pharma E-Books
. ¶ 20, Ex. B. Below this title “were pictures of the front covers of variousbooks available through Pharmatext, and various ways of finding links to these andother ‘free’ books. Among the methods available for linking to ‘free’ books was a boxin which one could enter a title and conduct a search for that title.”
. “If a book wasavailable through Pharmatext, a picture of its front cover appeared on the screen alongwith a hypertext link called ‘Download.’ If one clicked on ‘Download,’ one would be
Case 1:11-cv-10026-RGS Document 52 Filed 12/02/11 Page 2 of 16