Washington Shoe Company v. A-Z Sporting Goods Inc

11-35166 Washington Shoe Company v. A-Z Sporting Goods Inc "Opinion Filed"

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The panel reversed the dismissal of a copyright infringement action for lack of personal jurisdiction.

Applying the State of Washington’s long-arm statute, which extends jurisdiction over a defendant to the fullest extent permitted by the Due Process Clause, the panel held

that an Arkansas retailer was subject to personal jurisdiction in Washington even though its only relevant contact with the state was a claim that it willfully violated a copyright held by a Washington corporation. The panel held that the plaintiff made a prima facie showing that the Arkansas retailer purposefully directed its activities at the forum state because it engaged in intentional acts expressly aimed at Washington, causing harm that it knew was likely to be suffered in that state. The panel concluded that the retailer’s alleged infringement of the plaintiff’s copyright, and its knowledge of both the existence of the copyright and the forum of the copyright holder, was sufficient “individual targeting” to satisfy the “express aiming” requirement.

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Reference Info:Decision | Federal, 9th Circuit, Washington | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Timothy McCormack, McCormack Intellectual Property PS | Attorney Advertising

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