The Phonorecord stated, "Manufactured by MAR International Records, Inc." and "Distributed by Disco Azteca Distributors" and "Mar International Distributors." Four other MAR records were purchased, one of which contained a label stating, "A Production of Humberto and Arturo Sanchez for: Mar International Records, Inc." and "Manufactured and Distributed by Mar International Records, Inc." At least four retailers sell MAR records in New York.
According to the submission by MAR and Sanchez, Discos Azteca is a related company and MAR's exclusive distributor in the United States.
Sanchez is President of MAR and Humberto Sanchez ("Humberto") is its Chief Executive Officer. Both are residents of California, City of Stockton. Sanchez has never been present in New York and Humberto has visited the State of New York on two occasions in the last five years, both in connection with business concerns unrelated to MAR.
MAR is a California corporation with its principal place of business in Stockton. It also conducts business in a Los Angeles office and is engaged in the business of recording and promoting musical groups. MAR is not incorporated in the State of New York nor qualified to do business here. It has no subsidiaries incorporated or qualified to do business in the State of New York nor does it have any personnel, employees, offices or property here, nor has it contracted to distribute its goods in New York.
Neither MAR, Sanchez nor Humberto have any bank accounts or other tangible personal or real property located in the State of New York.
A Sufficient Showing Of Jurisdiction Has Been Made
In order to demonstrate personal jurisdiction sufficiently to defeat a motion to dismiss, a plaintiff need only make a prima facie showing that jurisdiction exists. See Hoffritz for Cutlery, Inc. v. Amajac, Ltd., 763 F.2d 55, 57 (2d Cir. 1985). Plaintiff's complaint and affidavits are to be construed, and any doubts are to be resolved in the light most favorable to the plaintiff. See id.; Shube's Mfg. Corp. v. Blake Bros. Int'l, Inc., 1990 Corp. L. Dec. (CCH) P 26,535 at 23,169 (S.D.N.Y. 1990); see also Scheuer v. Rhodes, 416 U.S. 232, 236, 40 L. Ed. 2d 90, 94 S. Ct. 1683 (1974) (on motion to dismiss pleadings are considered in light most favorable to pleader).
Here, the jurisdictional analysis is the same for both MAR and its president, Sanchez, who can be held individually liable for his acts of infringement. See, e.g., Lauratex Textile Corp. v. Allton Knitting Mills, Inc., 517 F. Supp. 900 (S.D.N.Y. 1981) (corporate president and shareholder personally liable for copyright infringement).
To determine personal jurisdiction over a non-domiciliary in a federal question case, this Court applies the long-arm statute of the forum state. See Business Trends Analysts v. Freedonia Group, Inc., 650 F. Supp. 1452, 1455 (S.D.N.Y. 1987); United States v. First Nat'l City Bank, 379 U.S. 378, 381, 13 L. Ed. 2d 365, 85 S. Ct. 528 (1965).
New York's long-arm statute provides:
As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent: