United States Tenth Circuit

Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 06-1458

In an action brought by plaintiffs, eBay "power sellers" of fabrics, seeking a declaratory judgment that certain of their prints do not infringe defendants' copyrights, dismissal of the complaint for lack of personal jurisdiction is reversed where: 1) defendants sent a notice of claimed infringement (NOCI) to eBay expressly intending, and effectually acting, to suspend plaintiffs' auction in Colorado; 2) plaintiffs suit arose from the consequences of the NOCI which was incurred in Colorado; 3) for purposes of the motion, it had to be assumed defendants knew plaintiffs' business was located in Colorado; and 4) defendants could show no basis in traditional notions of fair play or substantial justice that would preclude suit in that forum.

Appellate Information

• Decided 01/28/2008
• Published 01/29/2008

Judges

• GORSUCH, Circuit Judge., Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gregory A. Beck, Public Citizen Litigation Group, Washington, D.C., for Plaintiffs-Appellants.


• For Appellees:
  
• Scott C. Sandberg, Snell & Wilmer, LLP, Denver, CO, for Defendants-Appellees.