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Photoplaza v Herbal Brands: cert petition from Ninth Cir. re personal jurisdiction over Amazon resellers in TM case

By Marty Schwimmer on November 18, 2023
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Question presented:

Whether a seller whose products ship nationwide is
subject to personal jurisdiction in every forum into which
even one of its products is shipped
.

Factual background from petition:

Respondent is a Delaware corporation with its principal
place of business in Arizona and is in the business of
selling health and wellness products. Alleging that
Petitioners unlawfully sold Respondent’s products through
online storefronts on Amazon.com, Respondent brought
suit against Petitioners for trademark infringement and
related claims. citations omitted.

TEXT OF CERT PETITION IN PHOTOPLAZA v HERBAL BRANDS

TEXT OF NINTH CIRCUIT DECISION IN PHOTOPLAZA v HERBAL BRANDS

Link to Reuters article on cert petition: Amazon resellers ask Supreme Court to clarify where online businesses can be sued

  • Posted in:
    Intellectual Property
  • Blog:
    The Trademark Blog
  • Organization:
    Martin Schwimmer
  • Article: View Original Source

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