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Real Selling Grp. LLC v. ESN Grp. Inc.

Complaint's Amendment to Assert Monopolization Claims Denied; Jurisdiction Lacking

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MEMORANDUM AND ORDER Plaintiff Real Selling Group LLC (“Real Selling”) brought suit against defendant ESN Group, Inc. (“ESN”) asserting claims of violations of the Lanham Act, violations under New York General Business Law §349, tortious interference, and defamation arising from alleged false, misleading, and defamatory statements by ESN. ESN moved to dismiss the suit for lack of personal jurisdiction. Real Selling then moved to amend its complaint to add antitrust claims against ESN. For the following reasons, Real Selling’s motion to amend is denied and ESN’s motion to dismiss is granted. BACKGROUND 1. Factual Allegations ESN is a California corporation, with its principal place of business in Carpintera, California, which manufactures skin care and other personal care products, including, as relevant here, products from its “Ceramedx” and “Earth Science” brands. Amended Complaint, ECF No. 22 (“Am. Compl.”)

2, 7; Declaration of Jay Kline in Support of Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction, ECF No. 17-4 (“Kline Decl.”) 2.1 Ceramedx is a line of skin-care products which sell for $10 to $18 on ESN’s Ceramedx website,2 and Earth Science is a line of skin, body and hair care products which sell for $5 to $25 on ESN’s Earth Science website.3 While ESN engages in limited direct sales of its products through its websites, the majority of its sales are through authorized distributors and resellers who contract with ESN to use copyrighted and trademarked materials in marketing ESN’s brands. Kline Decl. 3. Real Selling, a New York limited liability company with its principal place of business in New Hampton, New York, primarily resells products through Amazon.com4 under the name XXVIIP. Am. Compl. 35. Among other things, it resells ESN’s “Ceramedx” and “Earth Science” products. Id.

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