Monday, July 01, 2013

Copyright Law - Ninth Circuit: Copyright As Intentional Tort Against a Shoe Supports Personal Jurisdiction

Personal Jurisdiction, Copyright Infringement, Motion to Dismiss

Washington Shoe Company v. A-Z Sporting Goods Inc., 2012 WL 6582345 (9th Circuit December 17, 2012).  Long-time Arkansas client of Washington Shoe Co. buys Chinese knockoffs of Washington Shoe products.  Sells in retail store in Arkansas next to real Washington Shoe products.  Get cease and desist letter.  Sells knockoffs to thrift store.   Washington Shoe brings suit in Washington State.  District court dismisses for lack of personal jurisdiction.  Ninth Circuit reverses.  Holds that intentional tort is expressly aimed at copyright holder in Washington State.  This is part of a trend of dramatically expanding the concept of personal jurisdiction over defendants in copyright infringement cases who satisfy none of the traditional criteria for long-arm jurisdiction.
 Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here  

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