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Zippo Mfg. Co. v. Zippo Dot Com

United States District Court for the Western District of Pennsylvania
952 F.Supp. 1119 (W.D. Pa. 1997)


Facts

Zippo Dot Com (Dot Com) (defendant) was a California corporation which operated a website and provided an internet news service relating to Zippo lighter products. The website provided information about the company, advertisements, and subscriptions to a news service about the company’s products. Dot Com owned the right to use the domain names “zippo.com,” “zippo.net,” and “zipponews.com.” Dot Com had approximately 140,000 subscribers world-wide, roughly 3,000 of whom were Pennsylvania residents, accounting for approximately 2 percent of Dot Com’s total subscribers. Zippo Manufacturing Corporation (Manufacturing) (plaintiff), a Pennsylvania corporation, brought suit against Dot Com in Pennsylvania, alleging trademark dilution and violations of the Federal Trademark Act. Dot Com filed a motion to dismiss, alleging lack of personal jurisdiction.

Rule of Law

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Issue

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Holding and Reasoning (McLaughlin, 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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