User:Fmyd/sandbox
| Mavrix Photo, Inc. v. Brand Technologies, Inc. | |
|---|---|
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| Court | United States Court of Appeals for the Ninth Circuit |
| Full case name | Mavrix Photo, Inc. v. Brand Technologies, Inc.; Brad Mandell and Brandtech; gossipgirls.com; celebrity-gossip.net. |
| Decided | Aug. 8, 2011 |
| Citation(s) | 647 F.3d 1218(2011) |
| Court membership | |
| Judge(s) sitting | Kim McLane Wardlaw, William A. Fletcher, and Barbara M. Lynn |
Mavrix Photo, Inc. v. Brand Technologies, Inc., 647 F.3d 1218 (9th Cir. 2011), is a case in American intellectual property law. The case involved Personal Jurisdiction in the context of internet contacts.[1]
This case had three main holdings. First, Brand lacked sufficient contact with California for exercise of general jurisdicition. Second, Brand's alleged copyright infringement on its website was ecpressly aimed at California, as required, under puposeful direction analysis, to support specific jurisdiction; and finally, Brand's aallenged copyright infringement caused harm that Brand knew was likely to be suffered in California as required to support specific jurisdiction.
Facts[edit]
In April 2008, photographers for Mavrix Photo, Inc., took a series of “candid photographs” of the pop star Fergie, who was vacationing in the Bahamas, and posted them on the internet. Mavrix subsequently “copyrighted the [photographs] with the intent to exclusively license them to a celebrity news publication.” Shortly thereafter, Mavrix, a Florida corporation, discovered that Brand Technologies, Inc., an Ohio corporation, had posted these photographs on its website, www.celebrity-gossip.net, allegedly without the permission of Mavrix. This website, which “has several interactive features,” was ranked by “an Internet tracking service . . . as number 3,622 out of approximately 180 million websites worldwide based on traffic,” making it a remarkably popular website.13 Mavrix brought suit against Brand in the Central District of California for misappropriation of its copyrighted photographs under the Copyright Act. Brand moved to dismiss the action for, among other grounds, lack of personal jurisdiction.
Judicial History[edit]
- ^ Allan Ides. Mavrix Photo, Inc. v. Brand Techs., Inc.: Ninth Circuit Examines Personal Jurisdiction in the Context of Internet Contacts, 2011 Emerging Issues 6095. LexisNexis (2011).