Case: Trademarks/Jurisdiction & Venue (N.D. Ind.)

The Power of Elderberries LLC’s motions to dismiss for lack of jurisdiction or, alternatively, to transfer for improper venue, in Sundance Botanicals LLC’s action against TPOE for trademark infringement, were denied by a federal district court in Indiana. The court found that Sundance has made a prima facie showing of personal jurisdiction because TPOE not only has a website that sold elderberry syrup to a few people in Indiana, but TPOE has made sales to an Indiana retailer and advertised that fact on its website, thereby intentionally directing activities toward, and targeting consumers in, Indiana. The court also found that ...