|Website Advertising Created Sufficient Basis for Long-Arm Jurisdiction|
Appeals court held that a Tennessee resident who allegedly infringed a trademark of a Florida resident on a Tennessee website is subject to jurisdiction of courts in Florida for purposes of the trademark suit. The long-arm statute applies since the website was intended to help attract business in Florida.
Website; Trademark; Infringement; Jurisdiction; Long-Arm Statute
|C A S E S U M M A R Y|
Carman Licciardello (Carman) has been a musician and entertainer for years. One year, Carman hired Lovelady as his personal manager and to manage concert tours in 80 cities, including several in Florida. That contracted ended in 2001. In 2006, Carman alleges that Lovelady posed a website that promoted Lovelady as a personal manager for music artists. The site used Carman’s trademarked name and his picture, implying that Carman endorses Lovelady’s skill as a manager. Carman sued Lovelady, who lives in Tennessee, for trademark infringement in federal court in Florida. The district court dismissed the action for lack of personal jurisdiction. Carman appealed.
Reversed and remanded. A federal district court in Florida may exercise personal jurisdiction over a nonresident defendant to the same extent that a Florida court may, so long as the exercise is consistent with federal due process. The website advertising Lovelady’s services, which had been provided in Florida at various times, was accessible in Florida. That was sufficient contact to give jurisdiction over Lovelady under the Florida long-arm statute since the alleged infringement occurred within the state.
|Citation||Licciardello v. Lovelady, 544 F.3d 1280 (11th Cir., 2008)|
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