From our private database of 32,200+ case briefs...
Dudnikov v. Chalk & Vermilion Fine Arts, Inc.
United States Court of Appeals for the Tenth Circuit
514 F.3d 1063 (10th Cir. 2008)
Karen Dudnikov and Michael Meadors (plaintiffs) ran Tabber’s Temptations (TT), a fabric business, from their Colorado home. Most of their income came from sales through eBay. TT’s eBay page, as well as the company’s personal website, disclosed its location in Colorado. In October 2005, TT commenced an eBay auction of fabrics printed with the cartoon character Betty Boop. One design played off a work by the artist Erté. Chalk & Vermilion Fine Arts, Inc. (C&V) (defendant), as the agent for the copyright owner, SevenArts (defendant), filed a notice of claimed infringement (NOCI) with eBay, causing eBay to suspend the auction. The plaintiffs offered to remove the fabric from sale if the NOCI were withdrawn. The defendants refused and threatened to sue in federal court. Before the defendants did so, the plaintiffs sued them in a federal court in Colorado, seeking a declaration of non-infringement and injunctive relief. The defendants moved to dismiss for lack of personal jurisdiction. C&V was a Connecticut company incorporated in Delaware; SevenArts was based in Great Britain. The district court granted the motion. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Gorsuch, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 586,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 586,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 32,200 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.