Product Liability Update: October 2018

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First Circuit Holds Personal Jurisdiction Over Foreign Software Services Provider On Claim Arising Under Federal Law Satisfies Fifth Amendment Due Process’ Minimum Contacts Requirement Because Defendant Knowingly Conducted Substantial Business Directly With United States Customers Through Website -

In Plixer Int’l v. Scrutinizer GmbH, 2018 WL 4357137, 2018 U.S. App. LEXIS 25981 (1st Cir. Sep. 13, 2018), a Maine computer software and hardware company sued a German corporation that offered a global interactive English-language software creation website in the United States District Court for the District of Maine for infringement of plaintiff’s registered trademark “Scrutinizer.” Plaintiff used its mark in the field of software and hardware analysis, and alleged defendant’s use of the term caused confusion, mistake or deception as to the source of its services.

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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.

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