Cybersell, Inc. v. Cybersell, Inc.
From Wikipedia, the free encyclopedia
Cybersell, Inc. v. Cybersell, Inc. was a trademark infringement case based on the use of an internet service mark. The United States District Court for the District of Arizona was asked to review whether the allegedly infringing use of a service mark in a home page on the World Wide Web suffices for personal jurisdiction in the state where the holder of the mark has its principal place of business. The Cybersell holding illustrated that passive websites (i.e. sites that serve only to publish information, rather than to engage in commercial activity or collect information from a user) do not establish personal jurisdiction outside the state in which they are based.[1]
Quick Facts Cybersell, Inc. v. Cybersell, Inc., Court ...
Cybersell, Inc. v. Cybersell, Inc. | |
---|---|
Court | United States Court of Appeals for the Ninth Circuit |
Decided | Dec. 2, 1997 |
Citation(s) | 130 F.3d 414 |
Case history | |
Prior action(s) | United States District Court for the District of Arizona granted the defendant's motion for dismissal for lack of personal jurisdiction. |
Holding | |
The order granting Cybersell FL's motion to dismiss for lack of personal jurisdiction was affirmed because appellees' use of a webpage name was passive and did not constitute commercial activity within the state; appellees had not purposefully availed themselves such that they could expect to be subject to the court's jurisdiction. | |
Court membership | |
Judge(s) sitting | Harlington Wood, Jr., Pamela Ann Rymer, A. Wallace Tashima |
Keywords | |
Personal jurisdiction in internet cases in the United States Personal jurisdiction |
Close