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Alibaba Grp. Holding Ltd. v. Alibabacoin Found.

Personal Jurisdiction Lacking in Infringement Suit Against Cryptocurrency Creator

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OPINION AND ORDER Plaintiff Alibaba Group Holding Limited (“Alibaba”) brings this suit against Alibabacoin Foundation, Alibabacoin Block Chain IT Solutions LLC, Alibabacoin General Trading FZE, Alibabacoin Foundation LLC, Jason Daniel Paul Philip, and Hasan Abbas (collectively, “Alibabacoin”), asserting federal and state claims for trademark infringement, unfair competition, false advertising, false designation of origin, and trademark dilution.Alibaba moved for a temporary restraining order and preliminary injunction. On April 3, 2018, the Court temporarily restrained Alibabacoin from using, or making false or misleading statements concerning, Alibaba’s marks or any other trademarks likely to be confusingly similar to or to impair the distinctiveness of Alibaba’s marks. (Dkt. No. 10.) The Court also ordered Alibabacoin to show cause why it should not be preliminarily enjoined from undertaking the same actions. On April 13, 2018, the Court held a hearing on Alibaba’s application for a preliminary injunction. The temporary restraining order was extended through April 30, 2018. (Dkt. No. 52.)For the reasons that follow, Alibaba’s motion for a preliminary injunction is denied without prejudice to renewal upon an adequate showing of personal jurisdiction.I. BackgroundAlibaba is a Cayman Islands company with its principal place of business in China. (Dkt. No. 1 (“Compl.”) 2.) Alibaba is the parent company of “the largest online and mobile commerce group of businesses in the world.” (Dkt. No. 19 3.) In 2014, Alibaba set a world record for the most valuable initial public offering in history, and it is now the largest retail platform in the world. (Dkt. No. 19 3; Dkt. No. 36-3 at 3.) Alibaba owns numerous registered federal trademarks for the mark “ALIBABA” (and other related marks containing the word “Alibaba”) for various uses related to computer and internet services. (Compl.

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