Passive Site Didn’t Meet Jurisdiction in Infringement Case

Jan. 29, 2016, 10:55 PM UTC

A passive website that allegedly infringed upon a Massachusetts-based company’s trademark didn’t create minimum contacts for establishing jurisdiction, the U.S. Court of Appeals for the First Circuit ruled Jan. 27 (A Corp. v. All Am. Plumbing, Inc., 1st Cir., 15-1509, 1/27/16).

Judge Ojetta Rogeriee Thompson distinguished the case from a previous trademark infringement ruling that an interactive website infringing upon the rights of a mark owner based within a court’s physical jurisdiction created the minimum contacts necessary to establish jurisdiction.

Specific personal jurisdiction, consistent with constitutional due process, requires a showing that the defendant purposefully directed its activities ...

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