In a trademark infringement action, personal jurisdiction over an out of state Web site operator was proper in Missouri based upon the plaintiff's Lanham Act claims which, if proven, would constitute a "commission of a tortious act within the state". Due process was also satisfied because the Web site itself was "active", based upon its hyperlinks to adult entertainment sites which provide information, solicits memberships, and sells adult entertainment products and services, and therefore was sufficient for the court to find that defendant availed itself of the privilege of conducting activities in Missouri. Plaintiff's common law trademarks and trade names, such as "Papal Visit 1999" and "Pastoral Visit", which were based upon the Pope's visit to St. Louis in January of 1999, were entitled to a preliminary injunction against use in defendant's Web sites and domain names. Defendant provided limited information on the upcoming papal visit while also providing advertising for defendant's adult entertainment Web sites. The court held that plaintiff had a likelihood of success on its Lanham Act ยง 43(c) claims, finding that plaintiff's marks were famous and that defendant's use of the marks had diluted the marks through tarnishment by associating them with adult entertainment materials and services.
Preliminary Injunction at http://eon.law.harvard.edu/h2o/property/domain/Papalvisit.html
Keywords: trademark, jurisdiction, domain names,
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