News & Analysis as of

Personal Jurisdiction Trademark Litigation

McDermott Will & Emery

Pre-Enforcement Commercialization Isn’t “Impossible” Basis for Personal Jurisdiction of Nonresident Defendant

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialization activities can be used to establish personal...more

McDermott Will & Emery

Whisk-y Business: Notice Alone Is Sufficient for Preliminary Injunction

The US Court of Appeals for the Fifth Circuit concluded that only notice of a preliminary injunction (PI) motion, and not perfected formal service, is needed to assert jurisdiction to issue an injunction. Whirlpool Corp. v....more

McDermott Will & Emery

Personal Jurisdiction? Selling Products via Interactive Website Will Do It

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more

International Lawyers Network

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court...

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process...more

McDermott Will & Emery

Yes, and It Counts! Single Purchase in Forum Establishes Personal Jurisdiction over Infringer

The US Court of Appeals for the Seventh Circuit affirmed exercise of personal jurisdiction over a foreign online retailer for a trademark infringement claim where the trademark owner purchased the only allegedly infringing...more

McDermott Will & Emery

Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged...more

Snell & Wilmer

Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction

Snell & Wilmer on

The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Nationwide Contacts

This week, the Ninth Circuit digs into a personal jurisdiction case involving a Vietnamese music company. LANG VAN, INC. v. VNG CORPORATION - The Court holds that exercising personal jurisdiction over a Vietnamese...more

McDermott Will & Emery

Can’t Presume Personal Jurisdiction Exists When Challenged

The US Court of Appeals for the First Circuit affirmed a district court order dismissing a trademark infringement case for lack of personal jurisdiction, finding that if challenged, personal jurisdiction cannot be assumed...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

McDermott Will & Emery

Foreign Company's Purposeful US Activities Blemishes Lack of Personal Jurisdiction Defense

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a complaint, finding that the foreign defendant was subject to specific personal jurisdiction in the United States in light of the...more

McDermott Will & Emery

Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct, but Worldwide Injunction Too Broad

The US Court of Appeals for the 10th Circuit upheld a district court’s injunction barring multiple foreign companies from directly or indirectly using a US remote control manufacturer’s trade dress based on the...more

Williams Mullen

[Webinar] CLE Institute - Can They Own That? A Summary of the Biggest Patent and Trademark Cases and Trends of 2020. - October...

Williams Mullen on

This program will cover important patent and trademark trends and cases in 2020, including: - The Trademark Modernization (TM) Act of 2020 - Counterfeiting: Tiffany v. Costco - Transformation from Generic to Protectable:...more

McDermott Will & Emery

Internet Sales Lead to Personal Jurisdiction Despite No Physical Presence

McDermott Will & Emery on

Addressing the issue of personal jurisdiction in a trademark infringement case, the US Court of Appeals for the Seventh Circuit reversed the district court and concluded that the plaintiff had made a prima facie showing that...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Spring 2019

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer....more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Winter 2019

Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Winter 2019

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York - Alibaba Group Holding Limited v....more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in U.S. Courts: Summer - Fall 2018

Claimed Use of US Trademark in Croatia Cannot Support Lanham Act Claim Where No Effect on US Commerce Shown - Adria MM Productions, Ltd. v. Worldwide Entertainment Group, Inc., US District Court for the Southern District...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Trademark - The World in US Courts: Spring 2018

Global Injunction Against Trademark Infringement Upheld Because Both Parties Were US Companies, Confusion in EU Would Be Felt in the US, and Defendant’s EU Trademark Had Not Yet Issued....more

Burns & Levinson LLP

Choosing the Ideal Venue for IP Disputes: Recent Developments in Federal Case Law

Burns & Levinson LLP on

The venue of a lawsuit can be a crucial, even dispositive, decision in managing the strategy of a successful outcome in an IP dispute. Defending a lawsuit on your home turf is often easier than in a distant state – defendants...more

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Fall 2017

FSIA Does Not Exempt US Bank from Subpoena for Production of Records of Accounts Maintained by Central Bank of Nigeria - The World in U.S. Courts: Fall 2017 - Foreign Sovereign Immunity Act (FSIA)/Political Question Doctrine....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

23 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide