Summary prepared by Devashish Bharuka
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This is an action for trademark infringement brought by Oregon resident Perry against rightOn.com, a Delware corporation. Perry owns the trademark Righton. RightOn.com offers Internet-based scheduling and appointment management services and is the owner of the Internet domain name righton.com. Defendant raised the issue of personal jurisdiction and it was for the plaintiff to establish it by a preponderance of the evidence.
Perry argues that the purposeful availment requirement is met in this case because rightOn.com is conducting business over the Internet on a nationwide basis, using the Righton.com domain name for that purpose, and intentionally using a business name protected by trademark registration, directing those infringing acts of Oregon. The Court found the argument unpersuasive.
The Court observed that the plaintiff has offered no evidence that rightOn.com intentionally directed its acquisition of the righton.com domain name at Perry's business in Oregon, with knowledge that Perry would be, or was likely to be, harmed. RightOn.com submitted evidence that its principals were unaware of Perry's business, or his claimed right to the Righton trademark, at the time they selected the domain name.
Held, there is no personal jurisdiction.