ZIPPO MFG. CO. V. ZIPPO DOT COM
952 F.Supp. 1119 (W.D. Pa. 1997)
NATURE OF THE CASE: Dot Com (D) moved to dismiss Zippo's (P) trademark infringement and
dilution complaint for lack of personal jurisdiction and improper venue pursuant to Fed. R.
Civ. P 12(b)(2) and (3) or, in the alternative, to transfer the case pursuant to 28 U.S.C.S.
1406(a).
FACTS: P is a Pennsylvania corporation with its principal place of business in Bradford,
Pennsylvania. P makes, among other things, well known 'Zippo' tobacco lighters. D is a
California corporation with its principal place of business in Sunnyvale, California. D
operates an Internet Web site and an Internet news service and has obtained the exclusive
right to use the domain names 'zippo.com', 'zippo.net' and 'zipponews.com' on the Internet.
D's contacts with Pennsylvania have occurred almost exclusively over the Internet. D's
offices, employees and Internet servers are located in California. D maintains no offices,
employees or agents in Pennsylvania. D's advertising for its service to Pennsylvania
residents involves posting information about its service on its Web page, which is
accessible to Pennsylvania residents via the Internet. Defendant has approximately 140,000
paying subscribers worldwide. Approximately two percent (3,000) of those subscribers are
Pennsylvania residents. These subscribers have contracted to receive P's service by visiting
its Web site and filling out the application. D has entered into agreements with seven
Internet access providers in Pennsylvania to permit their subscribers to access D's news
service. Two of these providers are located in the Western District of Pennsylvania. The
trademark claim is for D's use of the word 'Zippo' in the domain names it holds, in numerous
locations in its Web site and in the heading of Internet newsgroup messages that have been
posted by D subscribers. When an Internet user views or downloads a newsgroup message posted
by a D subscriber, the word 'Zippo' appears in the 'Message-Id' and 'Organization' sections
of the heading. he news message itself, containing text and/or pictures, follows. P points
out that some of the messages contain adult oriented, sexually explicit subject matter.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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