Intellectual Property Law

Personal Jurisdiction Question in Internet Copyright Case Certified to NY Court of Appeals

By Marty Schwimmer

In a copyright action involving works uploaded to the Internet, does New York jursidiction lie over an out-of-state defendant with no contacts with New York, if, inter alia, the defendant is alleged to have committed a tortious act outside the State that caused, and reasonably should have been expected by the putative defendant to cause, injury to a person or property within the State.

Finding conflicting authorities on the issue, the Second Circuit certified the question for review by the NY Court of Appeals. Penguin Group v American Buddha.

Decison Ny 2d - Personal Jurisdiction

Full post as published by Trademark Blog on June 16, 2010 (boomark / email).