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Litigation
Jurisdiction | Maryland |
XVIII. LITIGATION
A. General
This Handbook is not intended to provide a guide to litigate trademark cases. Any litigation must necessarily examine likelihood of confusion and weigh all relevant factors. In the Fourth Circuit, the case will analyze the Pizzeria Uno factors.206 Given that prerequisite, the remainder of this chapter does, however, address certain substantive issues important in any dispute that comes to litigation.
B. Jurisdiction—Long-Arm Statute
Jurisdiction over a defendant is proper in a territory where a defendant has purposely availed itself of doing business in a jurisdiction.207 Jurisdiction has been found not proper when only a cease-and-desist letter was sent to the territory.208
C. Jurisdiction—Venue—Internet Usage
The Internet has created issues relating to whether a court can assert jurisdiction over the operator of a website under a state's long-arm statute and principles of constitutional due process and fairness. The Fourth Circuit has held that a state may exercise jurisdiction over a person outside of its borders where that person "(1) directs electronic activity into the State, (2) with the manifest intent of engaging in business or other interactions within the State, and (3) that activity creates, in a person within the State, a potential cause of action cognizable in the State's courts."209 Where nothing on a defendant's website suggests that it intended to target the residents of Maryland (or any state) more than residents of any other state, a plaintiff would be unable to "demonstrate that [a defendant] took actions purposefully directed toward Maryland specifically," and thus a defendant would be found not to have purposefully directed its activities, electronic or otherwise, at Maryland residents, even though purposefully deciding to sell its products online.210
D. Surveys as Evidence
The evidence showing likelihood of confusion is sometimes...
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