Sunday, August 15, 2010

Second Circuit Finds Personal Jurisdiction Over Online Handbag Counterfeit Seller

Here is the Westlaw synopsis of a recent Second Circuit decision on personal jurisdiction based on Internet contacts, Chloe v. Queen Bee of Beverly Hills, LLC, --- F.3d ----, 2010 WL 3035495 (2d Cir. Aug. 5, 2010):

Background: Trademark owner, a fashion company that sold women's clothing and accessories, brought action against competitor and competitor's employees for violations of the Trademark Act and common law trademark infringement and unfair competition. The United States District Court for the Southern District of New York, Holwell, J., granted employee's motion to dismiss for lack of personal jurisdiction, 571 F.Supp.2d 518, and granted trademark owner's motion to certify the dismissal as final, 630 F.Supp.2d 350. Trademark owner appealed.

Holding: The Court of Appeals, Hall, Circuit Judge, held that employee's single act of shipping a handbag to New York, combined with his employer's extensive business activity involving New York, gave rise to personal jurisdiction over the employee.


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