Pearson Education, Inc. v. Textbook Discounters

Memorandum & Order

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We filed a motion to dismiss this case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale Doctrine to such situations, which the Supreme Court has agreed to review with respect to the Costco-Swatch copyright case. The motion, however, was based on jurisdiction: Why does this case against a Minnesota defendant take place in New York?

There are other potential issues too, though, as the answer--and particularly the affirmative defenses--suggests. But we have made this motion to dismiss on the grounds that there is no personal jurisdiction in the Southern District of New York over a Minnesota resident, even if he does ship some merchandise to New York through a routine Internet order.

The court was not moved and continued the trend toward universal District Court jurisdiction and venue on all copyright cases.

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Published In: Business Torts Updates, Civil Procedure Updates, Constitutional Law Updates, Intellectual Property Updates

Reference Info:Decision | Federal, 2nd Circuit, New York | 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.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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