Citation[]
Cybersell, Inc. v. Cybersell, Inc., 130 F.3d 414 (9th Cir. 1997) (full-text).
Factual Background[]
Cybersell, Inc., an Arizona Internet advertising company, sought to sue Cybersell, Inc., a Florida-based webpage design service, in Arizona for trademark infringement.
Appellate Court Proceedings[]
The Ninth Circuit affirmed the district court's holding that
“ | it would not comport with 'traditional notions of fair play and substantial justice' . . . for Arizona to exercise personal jurisdiction over [a nonresident company] that has no contacts with Arizona other than a home page accessible to Arizonans, and everyone else, over the Internet. | ” |
One key factual finding was that the Arizona plaintiff appeared to be the only Arizonan entity to have accessed the Florida company's website.