Text of SDNY Alibaba v Alibabacoin decision

Alibaba fails to show that defendant promoting ALIBABACOIN crypto-currency, has minimum contacts with NY.


Alibaba v AlibabaCoin (for an ICO)

TRO signed by use of ALIBABACOIN for Dubai-based ICO venture. Memo of law below.

News coverage here


D NJ: No Personal Jurisdiction Over Hallmark Cards in New Jersey

Appeal of TTAB inter partes decision to district court: Neither general nor specific jurisdiction over Hallmark Cards in New Jersey.


Forum Selection Clause Creates Presumption of Personal Jurisdiction


EDNY: Personal Jurisdiction in NY Arising From Trap Sales, Amazon and eBay 'Stores'

EDNY court exercises personal jurisdiction over defendant whose contacts with New York consist of three trap sales to plaintiff and fairly successful ‘stores’ on Amazon and eBay.

edny envirocare personal jurisdiction


SDNY Decision: Another Interactive Website Establishing Personal Jurisdiction in NY Case

Tag this as NY long arm jurisdiction file.

Plaintiff alleges that Defendants’ infringing actions include selling McPherson’s book, “DO Something: Make Your Life Count,” in New York, promoting McPherson’s book in New York and advertising and offering items for sale to New York residents via interactive websites. Plaintiff has made a prima facie showing that jurisdiction exists pursuant to § 302(a)(l).

Decision SDNY Personal Jursidcition Venue


8th Circuit: No Personal Jurisdiction Arising From Defendant's Single Meeting With Plaintiff

After Iowa defendant began using same mark as Arkansas plaintiff, defendant attended a single meeting in Arkansas to discuss taking a license. This meeting did not give rise to specific personal jurisdiction in Arkansas.

Decision 8th Cir Burrito Personal Jursidiction


American Buddha: The Injured Copyright Can Sue In NY Where It Lives

Personal jurisdiction is a matter of state law. NY copyright owner (Penguin) sues Oregon/Arizona entity in New York for uploading copyrighted works onto website.  The Federal District Court dismisses for lack of long arm jurisdiction under NY’s statute.  Looking to NY’s highest court for interpretation of its state statute, the Second Circuit certified the following question to the state Court of Appeal:

In copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, is the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR Section 302(a)(3)(ii) the location of the infringing action or the residence or location of the principal place of business of the copyright holder?

NY COA answer:  The location of the copyright holder.

TechDirt reaction here.

Ny Coa Long Arm Jurisdiction American Buddha


Second Circuit Personal Jurisdiction: Chloe v Queen Bee – One Trap Sale "Might Well Be" Sufficient

This is now the latest Second Circuit decision on minimum contacts in NY in an IP context.
Chloe sues Defendant. Defendant sold 52 non-Chole bags into NY and one alleged Chloe-counterfeit to Chloe’s NY law firm. The 2d Cir finds the totality of those sales sufficient for personal jurisdiction Page 18: the court says that a single trap sale ‘might well be sufficent.’
Decision Chloe Queen Bee 2d Circuit PJ


Personal Jurisdiction Question in Internet Copyright Case Certified to NY Court of Appeals

In a copyright action involving works uploaded to the Internet, does New York jursidiction lie over an out-of-state defendant with no contacts with New York, if, inter alia, the defendant is alleged to have committed a tortious act outside the State that caused, and reasonably should have been expected by the putative defendant to cause, injury to a person or property within the State.
Finding conflicting authorities on the issue, the Second Circuit certified the question for review by the NY Court of Appeals. Penguin Group v American Buddha.
Decison Ny 2d – Personal Jurisdiction