SWIPLit

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough causality” before finding specific personal jurisdiction and (2) in declaratory noninfringement actions, whether activities other than rights-enforcement efforts are relevant […]

| 4 min read | Tagged: , , , , , ,
ME

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

By: Emily R. Parker and David G. Barker 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 of a single t-shirt, were insufficient to create personal jurisdiction in the state of Missouri.  BASIC is […]

| 3 min read | Tagged: , ,
EP
DB

GoDaddy’s Forum Selection Clause Binds Domain Registrant In Third Party Lawsuit

A recent decision by the United States District Court for the District of Arizona held, albeit in a default context, that a domain registrar’s forum selection clause in its registration agreement bound the domain registrant not just in a dispute with the registrar, but with a third party.  In LimoStars, Inc. v. New Jersey Car […]

| 1 min read | Tagged: ,
PS

Ninth Circuit Expands Reach of “Effects Test” Personal Jurisdiction Over Foreign Infringers

The power of Ninth Circuit district courts to decide lawsuits against foreign intentional tortfeasors, such as IP infringers, has waxed and waned — and, lately, waxed again. The question of personal jurisdiction often has turned on whether the defendant “expressly aimed” its misconduct at the forum.  That term originated with the Supreme Court’s 1984 decision […]

| 3 min read | Tagged: , ,
PS