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Web Site Alone Not Sufficient to Invoke Long-Arm Jurisdiction
Description Florida company that offered commercial services via a passive web page allegedly infringed on the trademark of an Arizona company that used the same name. Appeals court upheld Arizona district court decision to dismiss the suit for lack of jurisdiction.
Topic Cyberlaw
Key Words Internet, Web Page, Jurisdiction, Trademark
C A S E   S U M M A R Y
Facts "Cybersell, Inc., an Arizona corporation that advertises for commercial services over the Internet, claims that Cybersell, Inc., a Florida corporation that offers web page construction services over the Internet, infringed its federally registered mark and should be amenable to suit in Arizona because cyberspace is without borders and a web site which advertises a product or service is necessarily intended for use on a world wide basis."
District Court Decision The motion of Cybersell (Florida) to dismiss the suit filed in federal court in Arizona for lack of personal jurisdiction was granted. Cybersell (Arizona) appealed.
Court of Appeals Decision Affirmed. Applying the "minimum contacts" requirements, "it would not comport with 'traditional notions of fair play and substantial justice' for Arizona to exercise personal jurisdiction over an allegedly infringing Florida web site advertiser who has no contacts with Arizona other than maintaining a home page that is accessible to Arizonans, and everyone else, over the Internet . . . [N]o court has ever held that an Internet advertisement alone is sufficient to subject the advertiser to jurisdiction in the plaintiff's home state." Cybersell (Florida) did not contact anyone or make any sales in Arizona.
Citation Cybersell, Inc. v. Cybersell, Inc., ---F.3d.--- (1997 WL 739021, 9th Cir.)
or
130 f. 3d 414 (9th Cir., 1997)

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