American Girls sells dolls. Defendant, located in China, allegedly sells counterfeits of plaintiff’s dolls. Plaintiff attempted trap buys into the district, however no orders were fulfilled. Defendant alleged that it had a policy of not shipping into the U.S. Court dismisses for lack of specific jurisdiction, as mere accessibility of the website in the district was insufficient.
What if a defendant never fulfills orders – but just charges credit cards. Where does the tort take place?
Text of decision:
Plaintiff sold BLACK ICE car fresheners. Defendant sold a ‘dual scent’ car freshener – the package had a dial that allowed the user to choose between two scents – MIDNIGHT BLACK or ICE STORM. The two names appeared as MIDGNIGHT BLACK ICE STORM (See above). Defendant was very aware of plaintiff and its BLACK ICE products. One employee suggests getting as close to BLACK ICE as possible lawfully. The Second Circuit states “Rarely does an infringement case reveal such explicit evidence of bad faith.” I don’t know if the Court is excluding counterfeiting from its definition of infringement, but even if it is, that statement seems a bit much. Summary judgment in favor of defendant reversed and remanded.
