Article 28 of the JAMS International Rules – which Respondent successfully argued apply to this arbitration when it was still participating – provides that after the Respondent fails to submit a Statement of Defense, the Tribunal may proceed to make an award with a determination based on the submission of proof of the validity and amount of the claim. Accordingly, Twitch moved for Default Judgment on September 24, 2020. Only after Claimant fully briefed its motion for default judgment and right before oral argument did a new purported representative of Respondent, Matthias Zumwinkle, email JAMS with a vague claim of receiving the motion by accident, seeing emails between "former employees" and JAMS, and claiming it looked like a scam. Claimant pointed out that he did not dispute that those employees were properly served on behalf of Respondent, which failed to substitute in current employees or update its address.
Article 14.2 of the JAMS International Rules provides that the last known place of business is valid absent notice of a change, which applies here. Article 28.3 further provides that a failure to comply with any direction of the Tribunal without a showing of good cause permits the Tribunal to draw the inferences it considers appropriate. Accordingly, the Arbitrator ordered Respondent to file a brief with "competent supporting evidence" by December 4, 2020 establishing such good cause, the bases of its claims of accidental receipt and apparent "scam," and demonstrating the availability of meritorious defense(s).
a. Using the TWITCH Marks or any confusingly similar derivation thereof;
b. Using or accessing Twitch Services, including through the knowing use of intermediaries; and
c. Displaying, or causing others to display, advertisements via the Twitch Services in violation of applicable legal terms.
IT IS SO ORDERED.
Dated: February 25, 2022
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