Dist. Ct. did not err in dismissing defendant-Chinese-based online retailer’s motion to dismiss on personal jurisdiction grounds, plaintiffs-professional and collegiate sports organizations’ action, alleging that defendant violated Lanham Act by selling counterfeit sports items in its online stores. Record showed that investigator purchased pair of shorts by placing order and designated address in Illinois as delivery destination, and that defendant delivered shorts to Illinois address. While defendant lacked any physical presence in Illinois, defendant had sufficient minimum contacts with Illinois to support existence of defendant’s personal jurisdiction, where defendant: (1) established online store by using Amazon as third-party retailer; (2) unequivocally asserted through its online store willingness to ship its goods to Illinois and established capacity to do so; and (3) when plaintiff’s order was placed, it filled said order and intentionally shipped shorts to Illinois address. Fact that plaintiff generated lawsuit by placing only single order did not require different result. Ct. further found that notions of fair play and substantial justice did not preclude subjecting defendant to jurisdiction in Illinois.
Federal 7th Circuit Court
Civil Court
Personal Jurisdiction