Allegedly Infringing YouTube and Satellite Radio Ads Available in Forum Support Exercise of Personal Jurisdiction

The court denied defendant’s motion to dismiss plaintiff’s infringement suit and concluded defendant purposely availed itself of Nebraska. “There is evidence that [defendant’s] representatives had communicated with the plaintiff about the trademark at issue. . . . It is undisputed that the Nebraska resident is the owner of the trademark. By knowingly appropriating the plaintiff’s mark, [defendant] expressly aimed the conduct at Nebraska. . . . [Plaintiff] has shown that [defendant] has conducted transactions with Nebraska customers as well as maintains a nationally accessible website and advertises nationwide. The website alone may not be a sufficient contact to confer jurisdiction, however, [defendant’s] sales to Nebraska customers, advertising in the state, and ticketing flights that landed or originated in Nebraska provide additional contacts. . . . The nature, quality, and quantity of [defendant’s] contacts with Nebraska weigh in favor of exercising jurisdiction. Nebraska residents are exposed to [defendant’s] Sirius ads and YouTube postings. . . . Because the injury is felt here, Nebraska has an interest in providing a forum to its citizens.”

Jacobs v. Fareportal, Inc., 8-17-cv-00362 (NED 2018-04-20, Order) (Joseph F. Bataillon)

2018-04-24T11:39:02+00:00April 24th, 2018|Docket Report, Trademark|