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ARTICLE · 09 JULY 2001

Server Insufficient For Jurisdiction

United StatesIntellectual Property
Todd Fisher
Todd Fisher

A New Jersey court has held that, where a defendant's only connection to the State is the location of a "host server" that channels the flow of information, it is unreasonable for a defendant to have foreseen being haled into court in New Jersey. Amberson Holdings, LLC v. Westside Story Newspaper, 110 F.Supp.2d 332, 337 (D.C. N.J. 2000).

Plaintiff sued defendants, based in California, for copyright infringement. Defendants outsourced the operation of their Website, "westsidedirectory.com," to a host server owned and operated by a New Jersey corporation. Plaintiff argued that the court had jurisdiction over defendants because defendants (1) maintained a contractual relationship with a New Jersey company that provides "hosting services" for defendants' Website on its Internet servers in New Jersey; (2) on at least two occasions represented to Network Solutions, Inc. that the data making up defendants' Website is physically located on servers belonging to a New Jersey corporation and

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