In a recent case of California golf course resort Pebble Beach [pebblebeach.com] against a small bed and breakfast [pebblebeach-uk.com], the Court found the little guy avoided being hauled into court in California partly because his website was not “interactive.” There was no ability to book a room or do commerce on the little guy’s website. As a result, the little guy did not “purposely direct” his activities into California –and thus could not be sued for trademark infringement in California. Lesson: the more places your website can be thought of as being “aimed at” the more places you might get hauled into Court.
My question to the floor: Is having an interactive website worth the risk of having to travel [and hire local attorneys] to litigate?
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."