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South Carolina Business Web Site Did Not Create Personal Jurisdiction in Oregon
Description Federal court dismissed suit by Oregon retailer with Web site that has very similar name to South Carolina retailer with Web site. Court in Oregon has no jurisdiction over South Carolina company that does very little business in Oregon.
Topic Cyberlaw
Key Words Personal Jurisdiction, Web Site, Trademarks
C A S E   S U M M A R Y
Facts Music Millennium (MMO) is an Oregon business, selling music at two stores and on its Web site. Millennium Music (MMSC) is a South Carolina business that sells music at their retail stores in the Carolinas and through their Web site. MMSC has bought a few CDs from an Oregon business. It sold one CD to a friend of MMO's attorney in Oregon, but has had no other Web site sales to Oregon. MMO sued MMSC in Oregon for trademark violation. MMSC contended that the court in Oregon did not have personal jurisdiction over it and moved for dismissal.
Decision Suit dismissed. MMSC does not have sufficient minimum contacts with Oregon to allow the exercise of personal jurisdiction in accordance with federal due process. "Defendants' sale of one compact disc and sporadic purchases from a supplier are neither substantial nor 'continuous and systematic' contacts with this forum. Further, this court is aware of no case in which a court asserted general jurisdiction based on the existence of an Internet Web site." There is also no likelihood of confusion in the marketplace between the two Web sites, given the local nature of the businesses.
Citation Millennium Enterprises, Inc. v. Millennium Music, LP, --F.Supp. -- (1999 WL 27060, D. Ore.)
33 F. supp. 2d 907 (D. Ore., 1999)

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