Pearson Education, Inc. v. Textbook Discounters

Brief in Support of Motion to Dismiss on Grounds of Personal Jurisdiction and Improper Venue

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This is a brief in support of the motion to dismiss the 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, is 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.

There are other potential issues too, though, as the answer--and particularly the affirmative defenses--suggests. But we 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 motion was denied. But the underlying legal issue -- the legality of these textbook sales -- was ultimately resolved in another case in favor of the position taken by our client here. See http://www.likelihoodofconfusion.com/kirtsaeng-copyright-first-sale-first-sale/.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | 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

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Ronald Coleman
Archer & Greiner, PC

I try civil cases in all courts and ADR venues and do related counseling, focusing on trademarks,... View Profile »


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