Maritz, Inc. v. Cybergold, Inc.
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Maritz, Inc. v. Cybergold, Inc., 947 F. Supp. 1328 (E.D. Mo. 1996),[1] was a personal jurisdiction case in which the United States District Court for the Eastern District of Missouri ruled that operator of website, for which server was located in California, was subject to personal jurisdiction in Missouri under "commission of a tortious act" provision of Missouri's long-arm statute, §506.500 RSMo[2]. The case was brought before the court by Marits, Inc. alleging that the Cybergold's use of mark for advertising internet site was a trademark infringement. Cybergold moved to dismiss the suit for lack of personal jurisdiction, but the court found that the operational nature of the Internet based service provided a connection for Cybergold to be sued in Missouri.
Maritz v. Cybergold | |
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Court | United States District Court for the Eastern District of Missouri, Eastern Division |
Full case name | Maritz, Inc. v. Cybergold, Inc. |
Decided | August 19, 1996 |
Citation(s) | 947 F. Supp. 1328 |
Holding | |
The motion of defendant to dismiss for lack of personal jurisdiction and improper venue is DENIED | |
Court membership | |
Judge(s) sitting | E. Richard Webber |
Keywords | |
Personal jurisdiction, The Lanham Act, Trademark infringement, Long-arm jurisdiction |