Cybersell, Inc. V. Cybersell, Inc.
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Cybersell, Inc. V. Cybersell, Inc.
''Cybersell, Inc. v. Cybersell, Inc.'' was a trademark infringement case based on the use of an internet service mark. The United States District Court for the District of Arizona was asked to review whether the allegedly infringing use of a service mark in a home page on the World Wide Web suffices for personal jurisdiction in the state where the holder of the mark has its principal place of business. The ''Cybersell'' holding illustrated that passive websites (i.e. sites that serve only to publish information, rather than to engage in commercial activity or collect information from a user) do not establish personal jurisdiction outside the state in which they are based. Facts of the case Plaintiff Cybersell, Inc. ("Cybersell AZ"), an Arizona corporation with principals Laurence Canter and Martha Siegel, was incorporated in May 1994 providing advertisements for commercial services over the Internet. In August 1994, Cybersell AZ filed an application to register the name "Cybersell" ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases. Headquartered in San Francisco, California, the Ninth Circuit is ...
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United States District Court For The Middle District Of Florida
The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) is a federal court in the United States Court of Appeals for the Eleventh Circuit, Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). The District was established on July 30, 1962, with parts of the United States District Court for the Northern District of Florida, Northern and United States District Court for the Southern District of Florida, Southern Districts transferring into the newly created Middle District. , the acting United States attorney for the District is Sara C. Sweeney. Organization of the court The United States District Court for the Middle District of Florida is one of three federal judicial districts in Florida. Court for the District is held at Fort Myers, Florida, Fort Myers, Jacksonville, Florida, Jackson ...
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United States Internet Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ...
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United States Trademark Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * United (2003 film), ''United'' (2003 film), a Norwegian film * United (2011 film), ''United'' (2011 film), a BBC Two film * The United (film), ''The United'' (film), an unreleased Arabic-language film Literature * United! (novel), ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * United (Commodores album), ''United'' (Commodores album), 1986 * United (Dream Evil album), ''United'' (Dream Evil album), 2006 * United (Marvin Gaye and Tammi Terrell album), ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * United (Marian Gold album), ''United'' (Marian Gold album), 1996 * United (Phoenix album), ''United'' (Phoenix album), 2000 * United (Woody Shaw album), ''United'' (Woody Shaw album), 1981 Songs * United (Judas Priest song ...
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Zippo Manufacturing Co
A Zippo lighter is a reusable metal lighter produced by Zippo Manufacturing Company of Bradford, Pennsylvania, United States. Thousands of different styles and designs have been made since their introduction in 1933, including military versions for specific regiments. Zippo lighters have been sold worldwide and described as "a legendary and distinct symbol of America." In 2012, the company produced the 500-millionth unit. Since the company's inception in 1932, Zippo lighters have been primarily manufactured in the United States, although the company operated in Niagara Falls, Ontario, Canada from 1949 until 2002. Company history American inventor George G. Blaisdell founded Zippo Manufacturing Company in 1932 and produced the first Zippo lighter in early 1933, being inspired by an Austrian cigarette lighter of similar design made by IMCO. It got its name because Blaisdell liked the sound of the word "zipper," and "zippo" sounded more modern. On March 3, 1936, the U.S. Patent ...
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Bensusan Restaurant Corp
Bensoussan is a Maghrebi Jewish surname, variant form of ''Ben Soussan'', ''Bensussan'', ''Bensusan'' and ''Ibn Shushan''. It is derived from the Hebrew '' shôshannah'' "lily". Notable people with the surname include: * Babette Bensoussan, Australian author and competitive intelligence specialist * David Bensoussan, engineering professor, Montreal Jewish communal leader, historian of the Jews of Morocco * David Bensusan-Butt (1914–1994), English economist * Eddy Bensoussan, Brazilian physician * Michel Bensoussan (born 1954), French football player * Moses Bensusan (born 1968), Canadian-American real estate developer * Pierre Bensusan (born 1957), French-Algerian guitarist * Pierre-Luc Ben Soussan, founder of musical group Naguila * Rene Ben Sussan (born 1895), French illustrator * Ruth Bensusan-Butt (1877–1957), first female medical doctor in Colchester * Samuel L. Bensusan (1872–1958), English author ;Other uses * Bensoussan or Bensousan Han Bensousan Han (or Be ...
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Purposeful Availment
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate to t ...
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Minimum Contacts
Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one U.S. state, state to assert personal jurisdiction over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that the party "could reasonably expect to be haled into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice". A non-resident defendant may have minimum contacts with the forum state if they 1) have direct contact with the state; 2) have a contract with a resident of the state; 3) have placed their product into the stream of commerce such that it reaches the forum state; 4) seek to serve residents of the forum state; 5) have satisfied the Calder effects test; ...
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Racketeer Influenced And Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by Title IX of the Organized Crime Control Act, Organized Crime Control Act of 1970 (), and is codified at as . This article primarily covers the federal criminal statute, but since 1972, 33 U.S. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. History G. Robert Blakey, an adviser to the United States Senate Committee on Homeland Security and Governmental Affairs, United States Senate Government Operations Committee, drafted the law under the close supervision of Senator John L. McClellan, the Chairman of the Criminal Law and Procedures Subcommittee of the Senate Judiciary Committee. It was signed i ...
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Harlington Wood, Jr
Harlington may refer to several places in England: *Harlington, Bedfordshire **Harlington Manor *Harlington, London *Harlington, South Yorkshire Harlington is a village in the civil parish of Barnburgh in the City of Doncaster in South Yorkshire, England. The village lies less than a mile from the adjoining village of Barnburgh and the parish contains both villages. According to the 20 ... See also * Arlington (other) * Harlingen (other) *Harlington-Straker Film Studio, a fictional film studio in ''UFO'' (TV series) {{geodis ...
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Laurence Canter And Martha Siegel
Laurence A. Canter (born June 24, 1953) and Martha S. Siegel (born April 9, 1948) were partners and spouses in a firm of lawyers who committed the first massive commercial Usenet spamming on April 12, 1994. They were not the first Usenet spammers, but some consider them pioneers in the modern global field of ad spamming. Green card spam In early 1994, Canter and Siegel contracted with Leigh Benson to write a program to advertise on Usenet, but Benson was unable to write their software. In April 1994 they used a Perl script written by a programmer known only as "Jason", to generate advertisements for their service of enrolling people in a " green card lottery". This US government program allocates a limited quantity of "green cards" to certain non-citizens, allowing them to stay and work in the country. The two lawyers offered to do the necessary paperwork for a fee. Canter and Siegel sent their advertisement, with the subject "Green Card Lottery – Final One?", to at least 5, ...
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