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Cybersell, Inc. v. Cybersell, Inc.

United States Court of Appeals for the Ninth Circuit

130 F.3d 414 (9th Cir. 1997)

Facts

Cybersell, Inc. (CAZ) (plaintiff), an Arizona corporation, sued Cybersell, Inc. (CFL) (defendant), a Florida corporation, in the United States District Court for the District of Arizona. CAZ accused CFL of infringing CAZ's "Cybersell" service mark by using "Cybersell" on the CFL website. Anyone with internet service, regardless of location, could access CFL's website. However, CFL's actual or potential customers could not do business with CFL directly through CFL's website, because it was passive rather than interactive. CFL had no physical presence in Arizona, and it neither had nor specifically sought Arizona customers. The court dismissed the case for lack of personal jurisdiction over CFL, and CAZ appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Rymer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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