Upon information and belief, Defendant MOOMilk is a Vermont low-profit, limited-liability corporation with its principal place of business at 4 Gabriel Dr.,Suite 1, Augusta, ME 04330. MOOMilk is in the business of producing, marketing anddistributing certain dairy products within at least the states of Connecticut, Maine,Massachusetts, and Rhode Island.
JURISDICTION AND VENUE
This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331in that this dispute arises under the laws of the United States. This Court has jurisdictionpursuant to 28 U.S.C. § 1338(a) and (b), in that this dispute arises under the Lanham Act.This Court also has jurisdiction pursuant to 28 U.S.C. § 1332 in that there is completediversity among the parties and the amount in controversy exceeds $75,000.4.
This Court may exercise personal jurisdiction over MOOMilk becauseMOOMilk markets and distributes its products within the Commonwealth of Massachusetts.5.
Venue is proper in this District pursuant to 28 U.S.C. § 1391, becauseMOOMilk is subject to personal jurisdiction in this Judicial District and a substantial partof the events giving rise to Plaintiff’s claims occurred in this District.
BACKGROUND OF THE OU MARK
The Orthodox Union provides kosher product certifications that arerecognized and trusted throughout the world. The word “kosher,” in Hebrew, means fitor proper, and is used to describe food items that are prepared in accordance with Jewishdietary laws. The market for kosher foods is sizeable and reaches far beyond those whoadhere to the Jewish faith. For example, many Seventh-day Adventists, vegetarians and
Case 1:12-cv-10648-DPW Document 1 Filed 04/11/12 Page 2 of 13