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Keywords

contractlawsuitdefendantjurisdictionmotiontrademarkcorporationmotion to dismiss

contractdefendantjurisdictionmotioncorporationmotion to dismiss

Related Cases

Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119, 65 USLW 2551, 42 U.S.P.Q.2d 1062

Facts

Zippo Manufacturing Corporation, a Pennsylvania corporation, produces the well-known 'Zippo' tobacco lighters. Zippo Dot Com, a California corporation, operates an Internet news service and holds domain names including 'zippo.com' and 'zippo.net'. Dot Com has approximately 3,000 subscribers in Pennsylvania and has entered into agreements with local Internet access providers. The lawsuit arose from Dot Com's use of the 'Zippo' name in its domain and services, which Zippo Manufacturing claims dilutes its trademark.

The facts relevant to this motion are as follows. Manufacturing is a Pennsylvania corporation with its principal place of business in Bradford, Pennsylvania. Manufacturing makes, among other things, well known 'Zippo' tobacco lighters. Dot Com is a California corporation with its principal place of business in Sunnyvale, California.

Issue

Whether the court has personal jurisdiction over Zippo Dot Com and whether the venue is proper in Pennsylvania.

Rule

Personal jurisdiction can be established if the defendant has sufficient minimum contacts with the forum state, and the claim arises out of those contacts. The exercise of jurisdiction must also be reasonable.

Personal jurisdiction can be established if the defendant has sufficient minimum contacts with the forum state, and the claim arises out of those contacts.

Analysis

The court found that Zippo Dot Com had sufficient minimum contacts with Pennsylvania by contracting with local residents and Internet access providers. The claims arose from these contacts, as the alleged trademark infringement occurred when messages were transmitted to Pennsylvania subscribers. The court concluded that exercising jurisdiction was reasonable given Pennsylvania's interest in adjudicating trademark disputes involving local corporations.

The court found that Zippo Dot Com had sufficient minimum contacts with Pennsylvania by contracting with local residents and Internet access providers.

Conclusion

The court denied Zippo Dot Com's motion to dismiss or transfer the case, affirming that personal jurisdiction was appropriate and that venue was proper in Pennsylvania.

Who won?

Zippo Manufacturing Corporation prevailed as the court ruled in its favor regarding personal jurisdiction and venue.

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