GoDaddy’s Forum Selection Clause Binds Domain Registrant In Third Party Lawsuit

A recent decision by the United States District Court for the District of Arizona held, albeit in a default context, that a domain registrar’s forum selection clause in its registration agreement bound the domain registrant not just in a dispute with the registrar, but with a third party.  In LimoStars, Inc. v. New Jersey Car and Limo, Inc., the domain registrar was GoDaddy, which designated Arizona in its forum selection clause, and the domain owner was a New Jersey corporation.  The Court held the New Jersey corporation subject to personal jurisdiction in Arizona in a trademark infringement action brought by   Read More »

Posted in Internet and Domain Name Litigation, Trademark Litigation | Tagged ,

Share this Article:

Ninth Circuit Expands Reach of “Effects Test” Personal Jurisdiction Over Foreign Infringers

The power of Ninth Circuit district courts to decide lawsuits against foreign intentional tortfeasors, such as IP infringers, has waxed and waned — and, lately, waxed again. The question of personal jurisdiction often has turned on whether the defendant “expressly aimed” its misconduct at the forum.  That term originated with the Supreme Court’s 1984 decision in Calder v. Jones, in which the Court held that the California courts had personal jurisdiction over two Floridian National Enquirer employees who defamed actress Shirley Jones, a Californian, as a drunkard.  In a less influential companion case, Keeton v. Hustler Magazine, the Court held   Read More »

Posted in Copyright Litigation, Internet and Domain Name Litigation, IP and Technology Litigation | Tagged , ,

Share this Article: