District Court Dismisses “Hot News” Case For Lack of Personal Jurisdiction

The U. S. District Court for the District of Connecticut has granted a defendant’s motion to dismiss in a “hot news” case, agreeing that it has no jurisdiction in the matter, based on lack of personal jurisdiction.

In West World Media v. Ikamobile, the plaintiff alleged that the defendant created an app that makes movie showtimes available to users for free, thus appropriating the plaintiff’s time sensitive information. Ikamobile charges advertisers in order to recoup the costs of the app. To determine whether the court had jurisdiction over Ikamobile, the court examined Connecticut’s long arm statute to see whether Ikamobile “solicit[s] business” in the state.

In the present case, Ikamobile’s conduct does not suggest soliciting business in Connecticut to the degree that the conduct of the defendants in Thomason and Powder Coating Consultants suggested it, but on the other hand, its conduct is not as clearly removed from soliciting business as the conduct of the defendants in Am. Wholesalers Underwriting and Milne. Ikamobile specifically gathers information about movie listings and show times at theaters in Connecticut, so it cannot be said that Ikamobile does not mention Connecticut. Nor can it be said that while the information on the website can be viewed in Connecticut, it does not target people who patronize theaters in Connecticut. It is fair to say that Ikamobile has engaged in affirmative measures to make its website attractive to customers of movie theaters in Connecticut. However, Ikamobile’s website does not target individuals who patronize theaters in Connecticut as potential customers from whom Ikamobile hopes to get business. Although Ikamobile conveys information to customers of movie theaters in Connecticut, it does not do so for the purpose of soliciting or continuing to get business from Connecticut consumers, but instead, does so for the purpose of soliciting and continuing to get business from Ikamobile’s advertisers, who give or will give business to Ikamobile because of the information Ikamobile puts on its website. The fact that Ikamobile places on its website information that would be of interest to Connecticut consumers is presumably used by Ikamobile in soliciting business from its advertisers and potential advertisers on the website, but that is not the same as Ikamobile soliciting business from Connecticut consumers. Thus, Ikamobile’s actions do not constitute solicitation of business in Connecticut and it has not purposefully availed itself of the laws of the State of
Connecticut as contemplated by § 33-929(f)(2). Accordingly, the court concludes that it does not have long arm jurisdiction over Ikamobile.