BMK Attorneys Obtain Dismissal of Complaint for Lack of Personal Jurisdiction and Venue in the U.S. District Court

BMK attorneys Edward Kutchin, Kerry Northup, and Matthew Dunn obtained the dismissal, on personal jurisdiction grounds, of a complaint brought against its consumer products client. The action involved federal and state law claims of trademark, trade dress, copyright infringement and unfair competition. The action exemplified the collision between modern conceptions of a global marketplace, including Web-based marketing and sales, and long-standing constitutional conceptions of due process.

BMK’s client, a consumer products company organized under the laws of New York and based in Massachusetts with no business presence in Iowa, asserted that Iowa lacked personal jurisdiction since it did not have sufficient contacts with Iowa. The court ultimately found that the nature, quality, and quantity of BMK’s client’s contacts through the use of the internet did not substantiate the right to jurisdiction in Iowa and granted its motion to dismiss for lack of personal jurisdiction and improper venue.