Shippitsa Ltd. v. Slack

2019 WL 2372687 (2019)

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Shippitsa Ltd. v. Slack

United States District Court for the Northern District of Texas
2019 WL 2372687 (2019)

  • Written by Rose VanHofwegen, JD
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Facts

Shippitsa Ltd. (plaintiff) manufactured Phen375, a dietary supplement sold through Shippitsa’s website, phen375.com. Shippitsa contracted to advertise on MoreNiche (defendant), a website Andrew Jon Slack (defendant) operated. Users could click a link on MoreNiche that connected to phen375.com. When Shippitsa’s contract expired, the link connected to mixi.mn, another webpage Slack operated that said Phen375 was no longer available via that link and redirected to an alternate website. Shippitsa brought federal-law claims for trademark infringement and dilution, false designation of origin, cybersquatting, and racketeering in federal court in Texas. Because Slack resides in the United Kingdom and incorporated and headquartered MoreNiche there, Slack asserted the court lacked personal jurisdiction. The court applied the Zippo test, concluded mixi.mn was not commercial or interactive enough to support personal jurisdiction, and granted dismissal. Shippitsa requested reconsideration, arguing MoreNiche’s automatic redirection of users—including users in Texas—to a different website was enough to confer jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Fitzwater, J.)

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