Pearson Education, Inc. v. Textbook Discounters

Memorandum & Order

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

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, Archer & Greiner, PC | Attorney Advertising

Written by:

more+
less-

Archer & Greiner, PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×