Personal Jurisdiction Cannot be Based Upon Choice of Law Provision Alone

Perfect Brow Art, Inc. v. Glitzy Brows, No. 18 C 4594, Slip Op. (N.D. Ill. Nov. 15, 2018) (Guzman, J.).

Judge Guzman granted defendants’ (collectively “Glitzy Brows”) Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff Perfect Brow Art’s first amended complaint for lack of personal jurisdiction in this Lanham Act trademark, trade dress, false designation of origin and unfair competition case involving brow threading.

Of particular note, the Court held as follows:

• Aside from the parties’ employment agreement, the only relevant evidence Perfect Brow Art submitted was the Illinois choice of law provision in the agreement, which did contain any jurisdictional limitations or agreement beyond the choice of law.
• Glitzy Brows submitted undisputed evidence that they had not been to or worked in Illinois and that none of the alleged contractual breaches or thefts were committed in Illinois.