9th U.S. Circuit Court of Appeals,
Civil Procedure,
Intellectual Property
Sep. 26, 2023
Split 9th Circuit makes an ‘impossible’ trademark lawsuit possible
The court appears to be willing to exercise personal jurisdiction based on a defendant’s prior operations and activities in a forum that relate to the contested trademark rights, and not merely based on its trademark enforcement activities.
The 9th Circuit’s recent ruling in Impossible Foods Inc. v. Impossible X LLC raises important questions about personal jurisdiction, particularly in the context of the rising digital nomad culture – entrepreneurs who embrace a location-independent, technology-enabled lifestyle.
In Impossible Foods, a divided 9th Circuit revived California-based Impossible Foods Inc.’s declaratory judgment action against Texas-based nutrition and fitness fir...
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