Zippo Manufacturing Co. v. Zippo Dot Com, Inc.
952 F. Supp. 1119 · District Court, W.D. Pennsylvania · 1997
Facts
Zippo Manufacturing Corporation, a Pennsylvania company, sued Zippo Dot Com, Inc., a California internet company, for trademark dilution and infringement. Dot Com operates a website and news service using 'zippo' domain names, with approximately 3,000 paying subscribers and seven internet access provider agreements in Pennsylvania. Manufacturing alleges Dot Com's use of 'Zippo' in its domain names and services infringes its trademark.
Issue
Does a federal court in Pennsylvania have specific personal jurisdiction over a California internet company whose only contacts with Pennsylvania are through its interactive website and contracts with approximately 3,000 Pennsylvania residents and seven internet access providers?
Holding
Yes, the court denied Dot Com's motion to dismiss, finding that it has specific personal jurisdiction over Dot Com and that venue is proper in the judicial district.
Rule
The likelihood of exercising personal jurisdiction over an internet entity is directly proportionate to the nature and quality of commercial activity conducted over the internet. Jurisdiction is proper when a defendant enters into contracts with forum residents involving the knowing and repeated transmission of computer files, demonstrating purposeful availment of the forum state's laws.
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