Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

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The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.

Advanced Tactical, which manufactures and sells PepperBall branded items, filed its lawsuit against Real Action Paintball Inc. in the Northern District of Indiana, alleging violations of the Lanham Act, common law trademark infringement and unfair competition, trade dress infringement and misappropriation of trade secrets. The lawsuit stems from an email Real Action sent out in 2012 and a message on its website that announced it had acquired the machinery, recipes and materials once used by PepperBall Technologies Inc. But Advanced Tactical had acquired PepperBall Technologies after the business went into foreclosure.

Advanced Tactical claims to have a headquarters in Indiana, but that is unclear, according to the court record. After holding an evidentiary hearing, the District judge concluded the court had personal jurisdiction and that Advanced Tactical was entitled to a preliminary injunction.

The District Court found the necessary minimum contacts based on the following: Real Action fulfilled several orders of the allegedly infringing projectiles for purchasers in Indiana; it knew Advanced Tactical was an Indiana company and could foresee that the misleading emails and sales would harm Advanced Tactical in Indiana; it sent at least two misleading email blasts to a list that included Indiana residents; it had an interactive website available to residents of Indiana; and it put customers on their email list when they made a purchase, thereby giving the company some economic advantage.

But in Advanced Tactical Ordinance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran, 13-3005,  the 7th Circuit found none of these meets the standards the Supreme Court of the United States has set governing specific jurisdiction.

“Specific jurisdiction must rest on the litigation-specific conduct of the defendant in the proposed forum state. The only sales that would be relevant are those that were related to Real Action’s allegedly unlawful activity. Advanced Technical – which has the burden of proof here – has not provided evidence of such sales,” Chief Judge Diane Wood wrote.

“To hold otherwise would mean that a plaintiff could bring suit in literally any state where the defendant shipped at least one item,” she continued.

The act that Real Action maintains an email list to allow it to shower past customers and subscribers with company-related emails doesn’t show a relation between the company and Indiana, the 7th Circuit ruled. “The connection between the place where an email is opened and a lawsuit is entirely fortuitous.”

The judges also found the interactivity of a website is a poor proxy for adequate in-state contacts. The case is remanded with instructions to vacate the judgment and dismiss the case for lack of personal jurisdiction.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.