Another One Of Those Passive Website Jurisdiction Cases, This Time In Ohio

Defendant’s website passively listed information and had an 800 number. No personal jurisdiction in Ohio.
Decision Hague Puretech Personal Jurisdiction


Baidu's NASDAQ Listing Insufficient For NY Personal Jurisdiction In Copyright Case

Plaintiff alleges that Baidu, China’s largest search engine, infirnged its copyrights. Held: (1) Baidu’s designated US agent, CT Corp., may limit its agency to service of process to matters relating only to securities; and (2) Baidu’s NASDAQ listing constitutes insufficient contacts for purposes of NY personal jurisdiction.
Decision Baidu Service Personal Jursidiction


SDNY: Another Personal Jurisdiction Case Concerning A Website

Virginia defendant operates a website that allows listeners to listen to music, create playlists and to download ringtones. Site is advertiser-sponsored and targeted at the Indian non-resident population. NY plaintiff sues in NY. It has no specific allegations of sales or other contacts with NY, but makes inferential arguments based on fact that 15% of Indians living in the US live in NY state.
Court applies three level active/passive test and finds that defendant’s site is in the middle – not fully interactive because it does not transact traditional business over the Interent because it neither sells goods or services through its website nor charges membership fees (Ed. note: I assume that if defendant charged for ringtones, that would be a traditional business, but here it distributes ringtones on an advertiser supported basis). Here there was no evidence that NY residents engaged in downloading materials from the website.
Of interest was the fact that Plaintiff was denied the opportunity to take expedited discovery relating to jurisdiction as plaintiff failed to allege any plausible basis for finding jurisdiction, nor did it identify any particular facts it would seek to adduce through discovery (Ed. note: defendant’s list of registered members?? Download logs??).
Motion to dismiss for lack of personal jurisdiction granted.
Decision Dishant


"Keyword Ads and Other Marketing Supports Remote Jurisdiction"

Prof Goldman: “Keyword Ads and Other Marketing Supports Remote Jurisdiction – Market America v. Optihealth.”


'Blog Defamation Lawsuit Lacks Jurisdiction'

Technology & Marketing Law Blog: ‘Blog Defamation Lawsuit Lacks Jurisdiction.’