Trademark Long-Arm Jurisdiction

The U.S. Court of Appeals for the Second Circuit (Second Circuit) determined that a Chinese company whose websites offered counterfeit goods to New York residents was subject to personal jurisdiction in New York federal court even though the seller did not deliver those goods to New York purchasers. The seller had confirmed the orders from New York purchasers and had accepted payments for those purchases before being sued for counterfeiting and trademark infringement. After the suit commenced, the seller cancelled the orders and refunded the payments.

American Girl, LLC, a well-known U.S. manufacturer of dolls, brought suit in the U.S. District Court for the Southern District of New York against Zembrka and its interactive websites located in and operating from the People's Republic of China. American Girl alleged that Defendants were selling counterfeit and infringing versions of American Girl dolls.