Sunday, May 18, 2014

Inset Systems, Inc. v. Instruction Set, Inc. case brief summary

Inset Systems, Inc. v. Instruction Set, Inc.

FACTS

Plaintiff, a Connecticut corporation develops and markets computer software and other related services worldwide. Defendant is a Massachusetts corporation provides computer technology and support to thousands of organizations world-wide. They have no employees, offices or regular business in Conn. Plaintiff filed for federal trademark registration of INSET. Sometime after this Defendant obtained ISNET.com and contended that its "Inset" trademark was infringed by defendant's use of the mark in its domain name (inset.com). Is a toll-free number and a web site enough to satisfy the minimum contacts needed for a long-arm statute?
                                                                                                                                   
 
Holding: The court held that a toll-free number and a web site was enough to show that the 
defendant had solicited business in Connecticut within the meaning of that state's long-arm statute. 
The court further held that exercising jurisdiction over the non-resident defendant solely on the 
accessibility of the defendant's Web site to Connecticut residents comported with the Constitution's 
Due Process Clause.
 
1. The court equated the creation of a Web site with the placement of print ads in publications 
circulated in Connecticut. It did not address the fact that, unlike print publications, defendant's Web 
site only appeared on Connecticut computer screens if accessed by a Connecticut resident.

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