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E-Commerce Court Decisions Recent Opinions Following are court opinions from the most recent update to this website. For the date of the update, see the footer at the bottom of the page. Where available, we have provided copies of the opinion from the website of the Court which issued the opinion. Opinions which are not posted on the issuing Court's website have a citation to the WL version of the opinion.
Ninth Circuit holds finds personal jurisdiction
in action in which California software company sought declaratory judgment that its "pop up" Internet software
program did not infringe Maine company's trademark rights. The Court reversed a dismissal for lack of personal
jurisdiction, finding that use of interactive web site (a "virtual store"), extensive marketing and sales to
California residents supported jurisdiction.
Gator.com Corp. v. L. L. Bean, Inc.,, 341 F.3d 1072 (9th Cir. 2003).
Click here for PDF... Top of Page District Court holds that it has jurisdiction
over New Jersey resident in cybersquatting dispute due to contracting with at least four Illinois residents for the
sale of goods. Brach's Confections, Inc. v. Keller, 2003 WL 22225617, 3(N.D. Ill. Sept. 24, 2003).
Click here for PDF... Top of Page District Court holds that Tennessee law firm
was not subject to suit in New York based upon its appearance before the United States Patent and Trademark Office
on behalf of New York clients and the maintenance of a firm website that can be accessed in New York.
E-Z Bowz, LLC v. Professional Product Research Co., 2003 WL 22064259 (S.D. N.Y. Sept. 5, 2003).
Click here for PDF... Top of Page District Court in Ohio finds jurisdiction to
exist against New Jersey resident based upon allegations of cybersquatting and infringement of trademarks and
service marks relating to Victoria's Secret name, based upon the defendant's maintenance of a website that was
interactive to a degree that it revealed specifically intended interaction with the residents of Ohio.
V Secret Catalogue, Inc. v. Zdrok, , 2003 WL 22136303 (S.D. Ohio Aug. 29, 2003)
Click here for PDF... Top of Page District Court finds a lack of personal
jurisdiction despite an interactive web site, finding a lack of non-web site factors evidencing the intent for the
defendant's product or web site to reach a particular state.
Infosys, Inc. v. Billingnetwork.com, Inc., 2003 WL 22136303 (S.D. Ohio Aug. 29, 2003)
Click here for PDF... Top of Page Magistrate's recommendation that motion to
dismiss for lack of personal jurisdiction be granted. Only contacts with Rhode Island was a web site that can be
accessed by Rhode Island residents, and through which residents could purchase products. Follows
Toys "R" Us, Inc. v. Step Two , 318 F.3d 446 (3rd Cir, 2003).
Click here for PDF...
Swarovski Optik North America Limited v. Euro Optics, Inc., 2003 WL 22014581 (D. R.I. Aug. 25, 2003). Click here for PDF... Top of Page District Court finds personal jurisdiction
supported by interactive Internet site, at which customers can transact business.
Iosello v. Lexington Law Firm , 2003 WL 21920237 (N.D. Ill. Aug. 7, 2003)
Click here for PDF... Top of Page Alabama Supreme Court finds insufficient
contacts to support personal jurisdiction, rejecting the contention that a "computer database locator," which made
available to dealers in Alabama vehicle inventory data for dealers in other states, Calling the database nothing more
than an electronic billboard for posting information, and noting the absence of advertising or other sales efforts
targeting Alabama residents, the Court found an absence of jurisdiction.
Case v. Alexander Dodge Chrysler Plymouth, Inc. , 2003 WL 22113762 (Ala.. Sept. 12, 2003)
Click here for PDF... Top of Page Hawaii Supreme Court finds a lack of personal
jurisdiction despite nationwide advertising and advertising on an Internet website that could be viewed in Hawaii.
Norris v. Six Flags Theme Parks, Inc. , 74 P 3d 26 (Ha. Aug. 7, 2003)
Click here for PDF... Top of Page Minnesota Court of Appeals affirms the denial of a motion to
dismiss for lack of personal jurisdiction.. Jurisdiction was supported mainly by a contract that had a substantial connection to
Minnesota. An interactive web site that allowed visitors to run personalized demonstrations of products did not support
jurisdiction, since visitors could not purchase products using the web site.
Croix Retail, Inc. v. Logiciel, Inc. , 2003 WL 22181537 (Minn. Ct App. Sept. 23, 2003))
Click here for HTML... Top of Page Texas Court of Appeals affirms dismiss for lack
of personal jurisdiction Jurisdiction could not be based on web site, which, although interactive, did not demonstrate
sufficient minimum contacts with Texas
Reiff v. Roy , 2003 WL 21920362 (Tx, Ct. App. Aug 13, 2003)
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Ninth Circuit affirms summary judgment for
defendants in action raising claims relating to invasion of privacy and identity theft by Internet dating service,
finding that the host of the site was not an "information content provider" within the meaning of the Communications
Decency Act, since it merely facilitated the expression of information by individual users
Carafano v. Metrosplash.com, Inc. , 339 F.3d 1119 (9th Cir. 2003)
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Sixth Circuit holds that city's Internet site
was a nonpublic forum for First Amendment purposes, and the host of website which sought to report on alleged
corruption in the city's government did not have a constitutional right to have hyperlink to its site placed on the
city's web site.
The Putnam Pit, Inc. v. City of Cookeville , 2003 WL 22000304 (6th Cir. Aug. 20, 2003)
Click here for PDF... Top of Page
Fourth Circuit holds that commercial liability
insurance policy covered use of Nissan name in a business's Internet domain address and in a logo on its website,
falling within the advertising coverage of the policy.
State Auto Prop. and Cas. Ins. Co. v. Travelers Indem. Co. , 343 F.3d 249 (4th Cir 2003)
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Sixth Circuit affirms judgment for holder of
trademark against registrant of domain name in cybersquatting case.
Ford Motor Co. v. Catalanotte , , 342 F.3d 543 (6th Cir 2003)
Click here for PDF... Top of Page Third Circuit affirms preliminary injunction
against party who compiled video clips of copyrighted motion pictures for commercial use on the Internet.
Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc. , 342 F.3d 191 (3th Cir. 2003)
Click here for PDF... Top of Page Federal Circuit issues mixed opinion on
validity of patents on Internet traffic management software.
Akamai Technologies, Inc. v. Cable & Wireless Internet Services, Inc., 2003 WL 22121694 (Fed. Cir. Sept 15, 2003)
Click here for Word Doc... Top of Page District Court orders transfer of domain name in cybersquatting dispute
Schmidheiny v. Weber , 2003 WL 22221212 (E.D. Pa. Sept 10, 2003)
Click here for PDF... Top of Page District Court holds that defendant committed
trademark infringement and cybersquatting in commercial use of the term "March Madness."
March Madness Athletic Assn., LLC v. Netfire, Inc. , 2003 WL 22047375 (N.D. Tex. Aug. 28, 2003)
Click here for PDF... Top of Page District Court holds that software which caused
pop-up ad to appear on website did not interfere with the website owner's right to display its copyrighted works on
the site.
U-Haul International, Inc. v. WHENU.com, Inc. , 2003 WL 22071556 (E.D. Va. Sept. 5, 2003)
Click here for PDF... Top of Page District Court denies motion to dismiss in suit
challenging use of Avlon trademarks in domain names to redirect persons looking for the trademark to an infringing site.
This phenomena has been named Internet based initial interest confusion.
Avlon Industries v. Robinson , 2003 WL 22025004 (N.D. Ill. Aug. 21, 2003)
Click here for PDF... Top of Page District Court opinion on summary judgmen motion
by owners of copyrights in musical compositions against operator of Internet website where MP3 files of recordings were
available for downloading.
Country Road Music, Inc. v. MP3.com, Inc. , 2003 WL 22038295 (S.D. N.Y. Aug. 27, 2003)
Click here for PDF... Top of Page District Court denies motion for preliminary
injunction in cybersquatting claim.
24 Hour Fitness USA, Inc. v 24/7 Tribeca Fitness, LLC , 2003 WL 21976412 (S.D. N.Y. Aug. 18, 2003)
Click here for PDF... Top of Page Supreme Court of California holds that preliminary
injunction against Internet website operators enjoining the disclosure of trade secret information relating to DVD encryption
did not constitute an unconstitutional prior restraint, assuming it was issued properly under California's trade secret law.
DVD Copy Control Assn., Inc. v. Bunner , 75 P 3d 1 (Cal. 2003)
Click here for PDF... Top of Page
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