Copyright Law | Expert Legal Commentary

October 21, 2009

Brayton Purcell v. Recordon: Expanding Jurisdiction over Website Operators in Copyright Infringement Cases

Brayton Purcell LLP v. Recordon & Recordon

By Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu LLP

The Ninth Circuit essentially held that a website operator accused of copyright infringement can be hailed into court in the copyright owner’s home venue if the infringer knew that the copyright owner resided there when he infringed. In Brayton Purcell LLP v. Recordon & Recordon, ___ F.3d ____, 2009 WL 2383035, No. 07-15383 (9th Cir., Aug. 5, 2009), the 9th Circuit held that venue was proper in the Northern District of California in a case brought by a Northern California law firm against a Southern California law firm for infringement of the Northern California firm’s website. Even though the Southern California firm only sought prospective clients in the San Diego area and did not do business in Northern California, the Court found the northern venue proper because the southern firm “targeted” the northern firm by specifically using its website content. The decision, if it holds up and is adopted by other courts, could have a dramatic impact on copyright litigation.

About the Authors

Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.

Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.

Image Credit: ©iStockphoto.com/Henrik5000

Link Link to this Article
Link Share this Article
E-mail Email this Article
Print Printable Version (in new window)
View a PDF of the judicial opinion

Connect on Linkedin®

Olivier A. Taillieu
Jeffrey J. Zuber

Companies Mentioned

Brayton Purcell LLP

Recordon & Recordon

More Updates

Copyright Law Updates
Advertise with LawUpdates.com

Companies Mentioned

Copyright Law

The following companies are mentioned in Copyright Law Updates:

American Society of Composers, Authors, and Publishers

Mattel, Inc.

MGA Entertainment Inc.

MGA Entertainment (HK) Ltd.

RealNetworks, Inc.

AOL LLC f.k.a. America Online, Inc.

Northern Lights Products, Inc. d.b.a. GlowProducts.com

Litecubes, LLC

Poof Apparel Corp.

Derek Andrew, Inc.

Metro-Goldwyn-Mayer Pictures, Inc.

Geoffrey Productions, Inc.

Universal City Studios LLLP

Twentieth Century Fox Film Corp.

Turner Network Television LP, LLLP

Turner Network Sales, Inc.

Turner Classic Movies, LP, LLLP

Turner Broadcasting System, Inc.

The Cartoon Network LP, LLP

Paramount Pictures Corp.

NBC Studios, Inc.

Disney Enterprises, Inc.

CSC Holdings, Inc.

CBS Broadcasting Inc.

Simon & Schuster, Inc.

Cablevision Systems Corp.

Cable News Network LP, LLLP

American Broadcasting Companies, Inc.

Westbound Records, Inc.

Kamind Associates, Inc. a.k.a. KAM Industries

UMG Recordings, Inc.

Janice Combs Publishing, Inc. d.b.a. Justin Combs Publishing

All Headline News Corp.

Bad Boy Records LLC

American Software Development Company, Inc.

Bad Boy Entertainment, Inc. d.b.a. Bad Boy Records

Affordable Video Systems, Ltd.

Yahoo! Inc.

Dream Games of Arizona, Inc.

Television Music License Committee

Frank Diana City Entertainment

SESAC, Inc.

PC Onsite

Robert E. Treuhaft and Jessica L. Treuhaft Trust

The Associated Press

Power.com

The Steinbeck Heritage Foundation

IAC/InterActiveCorp

AHN Media Corp.

Power Ventures, Inc.