Zippo Mfg. Co. v. Zippo Dot Com

952 F. Supp. 1119 (1997)

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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 (1997)

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Facts

Zippo Dot Com (Dot Com) (defendant) was a California corporation that operated a website and provided an internet news service. Dot Com owned the right to use the domain names “zippo.com,” “zippo.net,” and “zipponews.com.” The website provided information about the company, advertisements, and subscriptions to a news service. Customers could subscribe to the news service by filling out an online application and making payment with a credit card. Dot Com then processed the applications and assigned passwords to subscribers. Dot Com had approximately 140,000 subscribers world-wide. Roughly 3,000 of the subscribers 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

Issue

Holding and Reasoning (McLaughlin, J.)

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