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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 07-cv-00630-DME-MEH
NETQUOTE INC, a Colorado corporation,
BRANDON BYRD, an internet user making use of the IP Addresses 126.96.36.199 and
MOSTCHOICE.COM, Inc., a Georgia corporation
SECOND AMENDED COUNTERCLAIM
Comes now, Defendant Mostchoice.com, Inc. and herein files this its Amended
Counterclaim and shows this Court the following:
Plaintiff is a Colorado Corporation, with its principal place of business in Colorado.
Defendant Mostchoice is a Georgia Corporation, with its only office in the State of
Defendant Mostchoice seeks damages in excess of $75,000.00.
This case was filed in the Colorado State courts and removed to this Court.
By virtue of the above, jurisdiction and venue are proper.
This Court has subject matter jurisdiction over the claims set forth below pursuant to 28
Case 1:07-cv-00630-DME-MEH Document 87 Filed 09/26/2007 Page 1 of 7
Netquote Inc. v. Byrd
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U.S.C. § 1332.
To the extent that Mostchoice has been injured as result of the allegations set forth below,
that injury occurred in the State of Georgia.
Applying the Colorado choice of law rules in cases arising out of tort, Georgia law should
be applied to the claims raised herein.
All computers that send information through the internet have an assigned internet
protocol (IP) address.
“Pay per click” (“PPC”) is a method of internet advertising where the advertiser pays
each time an internet user “clicks” on the advertiser’s ad and is taken to a page on the
Mostchoice has at all times relevant to this complaint, utilized PPC advertising.
Netquote has at all times relevant to this complaint been aware that Mostchoice utilizes
When an internet user reaches Mostchoice by virtue of Mostchoice PPC advertisi