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Cybersell v. Cybersell

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Citation Edit

Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir. 1997) (full-text).

Factual Background Edit

Cybersell, Inc., an Arizona Internet advertising company, sought to sue Cybersell, Inc., a Florida-based webpage design service, in Arizona for trademark infringement.

Appellate Court Proceedings Edit

The Ninth Circuit affirmed the district court's holding that

it would not comport with 'traditional notions of fair play and substantial justice' . . . for Arizona to exercise personal jurisdiction over [a nonresident company] that has no contacts with Arizona other than a home page accessible to Arizonans, and everyone else, over the Internet.

One key factual finding was that the Arizona plaintiff appeared to be the only Arizonan entity to have accessed the Florida company's website.

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