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Keywords

tortdefendantjurisdictionstatutemotioncopyrighttrademarkmotion to dismiss
plaintiffdefendantjurisdictionaffidavitmotiontrademarkmotion to dismisshearsayadmissibility

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National Football League v. Miller, Not Reported in F.Supp.2d, 2000 WL 335566, 54 U.S.P.Q.2d 1574

Facts

The defendant operates a website that generates income primarily through advertising, which is frequently visited by individuals in New York. Although he does not sell products directly, his site links to gambling activities related to the NFL. The NFL and its affiliates allege that the defendant has infringed on their trademarks and copyrights by using their marks to attract visitors to his site. The defendant, residing in California, argues that he is not subject to New York's jurisdiction and seeks to dismiss the complaint.

The defendant maintains a web site from which he generates substantial income that is regularly visited by people in New York. But he rarely sells anything to his visitors. His primary income apparently comes from advertisers who buy space on his web site.

Issue

Is the defendant subject to personal jurisdiction in New York based on his website's activities and the alleged infringement of the NFL's trademarks?

Is the defendant subject to personal jurisdiction in New York based on his website's activities and the alleged infringement of the NFL's trademarks?

Rule

Under New York's long-arm statute, a court may exercise personal jurisdiction over a non-domiciliary who transacts business within the state or commits a tortious act causing injury within the state. The court must consider whether the defendant's actions have substantial connections to New York and whether they cause harm to entities within the state.

Analysis

The court found that the defendant's website, which targets NFL fans and links to gambling activities, creates a substantial connection to New York. The NFL's allegations that the defendant's actions cause damage in New York were accepted as true at this stage, and the defendant's substantial income from interstate commerce further justified the court's jurisdiction. Unlike previous cases, there was evidence that the defendant's conduct significantly harmed the NFL's interests in New York.

Moreover, the NFL has submitted affidavits indicating that the defendant derives substantial income from interstate commerce. While Defendant has challenged the admissibility of the affidavit as hearsay, he does not deny the allegations, and at this stage of the proceedings the allegations of the plaintiffs are to be accepted as true.

Conclusion

The court denied the defendant's motion to dismiss, concluding that he is subject to personal jurisdiction in New York due to the nature of his website and its impact on the NFL.

For the foregoing reasons, the defendant's motion to dismiss or transfer is denied.

Who won?

The NFL prevailed in this case as the court determined that the defendant's website activities established sufficient grounds for personal jurisdiction in New York. The court emphasized that the defendant's actions, which included linking to gambling activities and using NFL trademarks, caused harm to the NFL's brand and marketing efforts in New York. This ruling allowed the NFL to proceed with its claims against the defendant in New York courts.

The NFL prevailed in this case as the court determined that the defendant's website activities established sufficient grounds for personal jurisdiction in New York.

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