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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111526
Experience:  Attorney experienced in commercial litigation.
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If I buy a pirated DVD from an out of state seller in

Customer Question

If I buy a pirated DVD from an out of state seller in Florida or California and they ship it to me here in Missouri, and they are selling online on GOOGLE in Missouri does this et jurisdiction here if I have to file a federal copyright infringement action.
I do not want to go there in order to do it. wade williams
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The Courts held that the venue statute specifically applying to copyright and patent cases provides venue either (1) in the district "where the defendant resides" or (2) in the district "where the defendant has committed acts of infringement and has a regular and established place of business." The courts also hold the court likewise found that that the assertion of jurisdiction was reasonable and fair. Specifically, the Supreme Court has recognized that where a defendant has been found to have purposefully directed his activities at forum residents, the defendant must present a "compelling case" to defeat jurisdiction. The courts find that that the assertion of jurisdiction of where the product was delivered was reasonable and fair. Specifically, the Supreme Court has recognized that where a defendant has been found to have purposefully directed his activities at forum residents, the defendant must present a "compelling case" to defeat jurisdiction.
So if you can prove they are directing their activities towards people in MO, you could sue for the infringement in MO. See: Fusionbrands, Inc. v. Suburban Bowery of Suffern, Inc., No. 1:2012cv00229 - Document 26 (N.D. Ga. 2013) at http://law.justia.com/cases/federal/district-courts/georgia/gandce/1:2012cv00229/180839/26/

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