Sunday, May 18, 2014

Amberson Holdings LLC v. Westside Story Newspaper case brief summary

Amberson Holdings LLC v. Westside Story Newspaper:
(a)    Π brings action against Δ form violation of copyright and trademark laws in New Jersey for use of “West Side Story”
(b)   Π argues for specific Jx because Δ has:
1.      “maintained a contractual relationship with a New Jersey company that provides “hosting services” for Δs’ Web site on its Internet serves in New Jersey.”
(c)    Court address contract argument:
1.      “the act of entering into a contract, without more, cannot serve as a basis for establishing personal Jx over an out of state Δ.”
(d)   Π argues that Δs’ use of a NJ server provides for a finding of minimum contacts.
(e)    Court rules that, “inter-computer transfers of information are…de minimus.”
1.      Even if Δs have “purposefully availed” themselves to this District, traditional notions of fair play and substantial justice would, nevertheless be offended by having Δs submit to personal Jx…”

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