Trademark Law | Expert Legal Commentary
May 30, 2007
Pebble Beach Court Examines Purposeful Direction of a Passive Website
Pebble Beach Company, A California General Partnership v. Michael Caddy, an individual
By
Thomas F. Zuber of Zuber & Taillieu
Plaintiff Pebble Beach Company owned and operated a golf course resort in California. Defendant operated a small-business in southern England and ran a passive website located at www.pebblebeach-uk.com. Plaintiff sued for trademark dilution in the district court in California. The defendant moved for dismissal based on a lack of personal jurisdiction. The district granted the dismissal and denied Plaintiff's request to conduct jurisdictional discovery. The Ninth Circuit affirmed the district court's ruling, holding that mere ownership of a passive website that does not purposefully direct its activity at the forum cannot be subjected to personal jurisdiction there.
To continue reading this article, subscribe now
It's FREE and only takes seconds
About the Author
Thomas F. Zuber is a Partner of Zuber & Taillieu, specializing in transactions relating to patents, trademarks, and copyrights.
