Intent to Direct Activities Toward Forum Does Not Constitute Activity Toward Forum

The court granted defendant’s motion to dismiss plaintiff’s Lanham Act complaint because defendant did not purposely direct sufficient activities toward Oklahoma. “Plaintiff’s argument boils down to this—[defendant] ‘intended its professional fundraiser to use the [contested] Mark to solicit donations from Oklahoma residents,’ this trademark suit arises out of those potential Oklahoma contacts, and therefore the Court has personal jurisdiction over [defendant]. But the Court disagrees. Just because [defendant] exhibited an intent to solicit funds in Oklahoma does not mean it actually did so. For [defendant] to ‘direct its activities at residents of the Oklahoma forum’ in satisfaction of the minimum-contacts standard, [defendant] must actually maintain activities, or fundraising contact with Oklahoma residents while using the mark. Plaintiff has failed to show that [defendant] has (1) a physical presence in Oklahoma, (2) employees or contractors in Oklahoma, (3) raised funds from Oklahoma, or even (4) placed fundraising calls or sent mailers to Oklahoma.”

National Cancer Assistance Foundation Inc. v. National Community Advancement Inc. et al, 5-17-cv-00777 (OKWD 2018-05-14, Order) (David L. Russell)

2018-05-16T12:26:02+00:00May 16th, 2018|Docket Report, Trademark|