Chloé wins jurisdiction fight with online counterfeit seller
06 August 2010
Fionn O'Raghallaigh, London
A New York judge has given trade mark owners the green light to claim jurisdiction in New York against online sellers of counterfeit goods operating elsewhere, in certain circumstances
The decision was the result of an appeal by luxury-goods maker Chloé against a district court ruling dismissing its claim for summary judgment against Simone Ubaldelli.
In 2007, Beverly Hills resident Ubaldelli convinced the lower court that Chloé’s claim lacked personal jurisdiction.
But Richemont-owned Chloé successfully argued on appeal that New York’s long-arm statute and due process warrant personal jurisdiction over Ubaldelli.
The appeal was heard by the US Court of Appeals for the Second Circuit in New York.
However, the Court left open the question as to whether performing a single trap...
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