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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

COSTAR GROUP, INC. et al.

: :

v.

: :

Civil Action No. DKC 99-2983

LOOPNET, INC. et al. : MEMORANDUM OPINION Pending before the court in this copyright infringement action are 1) Defendant De Andre's motion to dismiss for lack of personal jurisdiction and 2) Plaintiffs' motion to compel the deposition testimony of Defendant De Andre and for expenses. The issues have been fully briefed, and no hearing is deemed necessary. Local Rule 105.6. For the reasons that follow, the

court will GRANT the motion to compel and for expenses, and will defer ruling on the motion to dismiss. I. Background Plaintiffs, CoStar Group, Inc. and CoStar Realty

Information, Inc. (collectively "CoStar"), are in the business of creating, producing and distributing databases containing copyrighted photographs and descriptions of commercial real estate throughout LoopNet, place of the United a States, including corporation Maryland. with its an

Defendant principal

Inc.,

California in San

business

Francisco,

operates

internet website that is accessible to Maryland residents and contains photographs of and information on commercial properties located in Maryland. reproduced Plaintiffs and allege that their LoopNet has

unlawfully

distributed

copyrighted

photographs on LoopNet's website, and asserts claims against LoopNet for direct and contributory copyright infringement.

Plaintiffs further allege that Defendant Dennis De Andre, chief executive officer of LoopNet and a resident of California, is vicariously liable for LoopNet's infringement because he had the "the right and ability to supervise and control the uploading of photographs from CoStar's databases onto LoopNets's website," and had a direct financial interest in the infringing activity. Plaintiffs have also asserted claims for violation of the Lanham Act, common law unfair competition, intentional interference with business relations, and unjust enrichment. Defendant De

Andre moved to dismiss for lack of personal jurisdiction shortly after the filing of the complaint. II. Analysis Determining the existence of personal jurisdiction is a two step process: first, the court must determine whether

jurisdiction is authorized by Maryland's long-arm statute;1 if

Maryland's long-arm statute, Md. Code Ann., Cts. & Jud. Proc.

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Maryland Law