The State of Information Technology Law - 2011: Copyrights/Venue/Personal Jurisdiction

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IX. COPYRIGHTS/VENUE/PERSONAL JURISDICTION

A. CASE LAW

1. U.S. Courts of Appeal

a. Brayton Purcell LLP v. Recordon & Recordon 606 F.3d 1124

The U.S. Court of Appeals for the Ninth Circuit held on May 28, 2010 that personal jurisdiction was established over a law firm whose Web site contained copyrighted material taken verbatim from another law firm’s Web site where the infringer’s Web site put the two firms in direct competition for clients, despite the fact that the two firms practiced in different geographical areas of California.

b. Chloé v. Queen Bee of Beverly Hills LLC 96 USPQ2d 1349

The U.S. Court of Appeals for the Second Circuit held on August 5, 2010 that defendant California resident’s contacts with New York are sufficient to subject him to personal jurisdiction under state’s “single-act” long-arm statute, since defendant shipped counterfeit “Chloé” handbag to purchaser in New York, and since defendant’s company operated interactive website offering handbags for sale to New York consumers, and shipped merchandise to New York on 52 other occasions.

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