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ARTICLE · 28 OCTOBER 2024

Jurisdiction "Found": Navigating E-Commerce Boundaries In Copyright Disputes

McDermott Will & Emery
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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district...

United StatesIntellectual Property
Cecilia Choy
Cecilia Choy
Paul Devinsky
Paul Devinsky
Amol Parikh
Amol Parikh
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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be "found." The Tenth Circuit concluded that whether an e-commerce company is "found" in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company's business there, not on the manner in which it does business. DP Creations, LLC v. Adolly.com, Case No. 23-4126 (10th Cir. Oct. 15, 2024) (Tymkovich, Bacharach, Carson, JJ.)

As background, the Digital Millenium Copyright Act (DMCA) "preserve[d] strong incentives for service providers and copyright owners to cooperate and detect and deal with copyright infringements that take place in the digital networked environment." After a copyright owner notifies a service provider of an infringement, the service provider can

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