eBay and Personal Jurisdiction
Yet another eBay jurisdiction case. From Decision of the Day:
So the [plaintiffs file] a pro se suit in Colorado, seeking a declaratory judgment that their wares constituted fair use.
The defendants are a Connecticut company and a British company with no ties to Colorado, so they moved to dismiss on the ground that the court lacked jurisdiction over them. Although a magistrate judge disagreed, the district judge overrode his recommendation and dismissed the suit for lack of personal jurisdiction.
On appeal, the Tenth Circuit reverses, adapting the standard test for personal jurisdiction to the internet age.
The basis? According to Fairly Useful
The court noted that the defendants did more than simply assert their rights to the plaintiff; they involved eBay as a third party and invoking the VeRO procedures. Thus the defendants terminated (or suspended) the plaintiffs' auction causing them lost business and a damaged business reputation.
If you want a bit more, the details are here. Or go here. The case is Dudnikov v. Chalk & Vermillion Fine Arts, Inc., 06-1458 (10th Cir., Jan. 28, 2008)
