Willful copyright infringement constitutes “purposeful direction” in personal jurisdiction analysis

The U.S. District Court for the Northern District of California has confirmed that a defendant subjects itself to specific personal jurisdiction in a forum when it (1) willfully infringes the copyright of a resident of that forum, and (2) knows the plaintiff’s principal place of business is in that forum. Brayton Purcell LLP, a California … [Read more…]

Zippo test not applied to determine general personal jurisdiction

In the recent decision in Heidle v. The Prospect Reef Resort, Ltd., the U.S. District Court for the Western District of New York has declined to apply the well-known test set forth in Zippo Manufacturing Co. v. Zippo Dot Com, Inc. to determine whether to exercise general personal jurisdiction over an out-of-state defendant. The court … [Read more…]

Application of “effects test” brings pool table manufacturer out from behind the personal jurisdiction 8-ball

In the case of Brunswick Bowling & Billiards Corp. v. Pool Tables Plus, Inc., the U.S. District Court for the Northern District of Illinois held that the listing of the defendant’s company name, address and email address on two websites did not give rise to personal jurisdiction under the “sliding scale” test. Application of the … [Read more…]

Minnesota Federal court declines to exercise personal jurisdiction over Winnipeg website operator

In an action for defamation, copyright infringement and business interference, the U.S. District Court for the District of Minnesota declined to exercise personal jurisdiction over a website operator based in Winnipeg, Manitoba, holding that Minnesota’s long arm statute precluded such exercise as to the defamation claim, and that the Zippo and “effects” tests did not … [Read more…]