Laura McQuade | Bloomberg Law Mavrix Photo, Inc. v. Brand Technologies, Inc., No. 09-56134, 2011 BL 204489 (9th Cir. Aug. 8, 2011) The U.S. Court of Appeals for the Ninth Circuit reversed the district court's holding that it did not have personal jurisdiction over Brand Technologies, Inc., the operator of an Ohio-based celebrity gossip website. In reversing the district court's decision, the appellate court found that it had specific personal jurisdiction over Brand because of its contacts with California that were sufficiently related to Brand's copyright infringement dispute with the celebrity photography agency, Mavrix Photo, Inc. The court concluded that a nationally-known website with a scope that "appeals to, and profits from" an audience in a particular state, is "expressly aimed" at that state for the purposes of determining whether the exercise of specific personal jurisdiction is appropriate.
Mavrix's Copyright Infringement Claim Against Brand
No General Personal Jurisdiction Over Brand
Court May Exercise Specific Personal Jurisdiction Over Brand
(1) The non-resident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws; (2) the claim must be one which arises out of or relates to the defendant's forum-related activities; and (3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable.
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