Blog Posts - Internet Jurisdiction



7 Key Elements of Effective Terms of Use: Governing Law and Choice of Forum

There are seven essential concepts which must be addressed in effective website Terms of Use or Terms of Service (TOS): (1) permitted use – that is, the specific uses to which the website may be put and any restrictions on use imposed by the websit...
by E-Commerce Law on Sep 30, 2014

The Law of Blogging

While looking for something else, I recently came across the Powerpoint slides I used for a presentation on the Legal Issues Involved in Blogging. Until I fully update the presentation, the original version is available after the jump.
by E-Commerce Law on Jun 20, 2013

Federal Court Dismisses Facebook's Trademark Infringement Claims Against Teachbook

Teachbook, a social and professional networking Web site dedicated to teachers, successfully moved to dismiss Facebook's trademark infringement claims by arguing that it was not subject to personal jurisdiction in California. Facebook, Inc. v. Teachb...
by E-Commerce Law on May 10, 2011

Tenth Circuit Addresses Limits of Internet-Based Personal Jurisdiction

In the on-going struggle for courts to clearly define the limits of personal jurisdiction for content posted and transmitted over the Internet, the Tenth Circuit reigned in the breadth of such non-territorial activities by requiring an Internet user...
by E-Commerce Law on Apr 11, 2011

Most Popular E-Commerce Law Posts of 2010

Happy New Year! In no particular order, these were the most popular E-Commerce Law posts in 2010: Student’s Off-Campus Cyber-Bullying Protected by the First Amendment Plaintiff Granted Expedited Discovery to Subpoena Social Networking Sites for Ide...
by E-Commerce Law on Jan 3, 2011

Operating Website with Name Similar to Plaintiff's Registered Trademark is Insufficient to Subject Defendant to Jurisdiction Under Calder Effects Test

In Mobile Anesthesiologists Chicago, LLC v. Anesthesia Associates of Houston Metroplex, P.A., ___ F.3d ___, 2010 WL 3811319 (7th Cir. Oct. 1, 2010), the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a claim brought...
by E-Commerce Law on Oct 4, 2010

Residing in Tennessee But Visiting an Oklahoma Company's Website Can Subject You to Personal Jurisdiction in Oklahoma

On August 6, 2010, the United States District Court for the Western District of Oklahoma denied a motion to dismiss for lack of personal jurisdiction where the defendants, who were based out of Tennessee, stole storm shelter website designs from the...
by E-Commerce Law on Aug 26, 2010

Plaintiff's Efforts to Silence Critics on Website Fails

The United States District Court for the Southern District of Florida granted the Defendants’ motion to dismiss a case for allegedly defamatory statements made on defendants’ website. Vision Media TV Group, LLC v. Forte, 2010 WL 2836791 (S.D.FL J...
by E-Commerce Law on Aug 13, 2010

Jurisdiction Proper Where .net Directly Competes with .com

On July 20, 2010, the Northern District of California denied the defendant’s motion to dismiss or transfer venue in a Lanham Act case and state law trademark infringement action brought by the plaintiff. Digby Adler Group LLC v. Image Rent A Car, I...
by E-Commerce Law on Aug 12, 2010

Highest Bidder on eBay, Loser in Personal Jurisdiction Appeal

On June 3, 2010, the Appellate Court of Illinois affirmed the trial court’s dismissal for lack of personal jurisdiction in a breach of contract case for a sale made through eBay. MacNeil v. Trambert, 2010 WL 2222805 (Ill. App. 2 Dist. June 3, 2010)...
by E-Commerce Law on Jun 21, 2010

Highest Bidder on eBay, Loser in Personal Jurisdiction Appeal

On June 3, 2010, the Appellate Court of Illinois affirmed the trial court’s dismissal for lack of personal jurisdiction in a breach of contract case for a sale made through eBay. MacNeil v. Trambert, 2010 WL 2222805 (Ill. App. 2 Dist. June 3, 2010)...
by E-Commerce Law on Jun 21, 2010

Law Firm that "Cut and Paste" Section from Competing Firm's Website Properly Sued in Plaintiff's Home Forum

On May 28, 2010, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of the defendant’s motion to dismiss for improper venue in a copyright infringement action. Brayton Purcell LLP v. Recordon & Recor...
by E-Commerce Law on Jun 9, 2010

Law Firm that "Cut and Paste" Section from Competing Firm's Website Properly Sued in Plaintiff's Home Forum

On May 28, 2010, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of the defendant’s motion to dismiss for improper venue in a copyright infringement action. Brayton Purcell LLP v. Recordon & Recor...
by E-Commerce Law on Jun 9, 2010

“Read and Understood” But Not “Agreed” – A Forum Selection Clause and Changing Venue for the Convenience of the Parties

On April 27, 2010, the United States District Court of the Eastern District of Washington granted a Motion for Change of Venue to transfer a case to the Eastern District of Virginia, after finding that a forum selection clause was never “agreed”...
by E-Commerce Law on May 12, 2010

“Read and Understood” But Not “Agreed” – A Forum Selection Clause and Changing Venue for the Convenience of the Parties

On April 27, 2010, the United States District Court of the Eastern District of Washington granted a Motion for Change of Venue to transfer a case to the Eastern District of Virginia, after finding that a forum selection clause was never “agreed”...
by E-Commerce Law on May 12, 2010

For Jurisdiction Purposes, A Website May Not Be Doing Business Where It Claims

On March 30, 2010, the United States Court of Appeals for the Second Circuit affirmed a District Court order to dismiss an action for lack of personal jurisdiction even though the defendant’s website stated that the defendant operates a business in...
by E-Commerce Law on Apr 27, 2010

Plaintiff Will Not Get Her “Days Inn” Court

On March 26, 2010, the California Court of Appeals affirmed the dismissal of a slip-and-fall case filed by Xuan T. James, who was injured at a Minnesota Days Inn in which she reserved a room online. James v. T .H. Continental Ltd., 2010 WL 1170977 (C...
by E-Commerce Law on Apr 5, 2010

Federal Court Dismisses Internet Defamation Lawsuit for Lack of Personal Jurisdiction Where Defamation Was Not “Expressly Aimed” at the Forum State

On February 3, 2010, the United States District Court for the District of Arizona dismissed a defamation complaint for lack of personal jurisdiction where the defendant published on a website an allegedly defamatory article about the plaintiffs, who...
by E-Commerce Law on Mar 15, 2010

Website Lauding Defendant's "Worldwide Expertise" and Facilitating One-Way Contact to the Defendant Too Passive to Confer Jurisdiction

In Jensen v. Modern Aero, Inc., 2010 WL 88229 (Minn. App. Jan. 12, 2010), the Court of Appeals of Minnesota held that a defendant's website, which lauded defendant's "worldwide" expertise," listed a toll-free telephone number for defen...
by E-Commerce Law on Jan 24, 2010

District Court Applies Calder Effects Test in Typosquatting Case

On November 13, 2009, the United States District Court for the Eastern District of Michigan applied the Calder effects test in granting a defendant's motion to dismiss for lack of personal jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(2), or, in th...
by E-Commerce Law on Nov 23, 2009


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