Sixth Circuit Joins Sister Circuits on Questions About Jurisdiction for Online Retailers

Intellectual Property attorney Laura Merritt commented for Law.com on a trademark case that raised questions about establishing jurisdiction in disputes arising from online business. The U.S. Court of Appeals for the Sixth Circuit ruled that online sales can establish personal jurisdiction if done in the regular course of business and the company exhibits control over product distribution. Reversing a district court, the appellate court found the defendants purposefully availed themselves of Tennessee through website sales, aligning with recent precedent from other circuits. The court cited factors like structuring sales to invite orders from the forum state and developing capacity to indicate purposeful availment. Ms. Merritt, with assistance from litigation attorney Danielle Johns, represented AMB Media, which prevailed in the case. She explained how the court's ruling will benefit similarly situated companies.

"We are pleased with the Sixth Circuit's decision. This case will help Tennessee brand owners enforce their trademark rights without travelling to a foreign court. When a Tennessee trademark owner's rights are being violated in Tennessee, out of state defendants may be subject to personal jurisdiction in Tennessee," Ms. Merritt said.

READ: Sixth Circuit Joins Sister Circuits on Questions About Jurisdiction for Online Retailers