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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

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CFOS 2 GO, Inc. v. CFO 2 GO, Inc.

No. C 97-4676, 1998 U.S. Dist. Lexis 8886 (N.D. Cal., June 5, 1998)

Plaintiff commenced a trademark infringement action in California against a non-resident corporation based in Washington. The defendant had engaged a website designer to create a website for its business operations. The site was to contain contact information as well as a description of defendant's business. To permit the defendant to view "drafts" of the site, the designer posted the site at the designer's domain name. Plaintiff argued that the availability of this draft site to California residents, combined with defendant's maintenance of e-mail addresses for the transaction of business, and a single transmission of promotional material into California, was sufficient to permit suit against the Washington-based defendant in California. The court disagreed, and dismissed the action for want of personal jurisdiction.

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