Wednesday, October 9, 2013

Online Sales Within District Via Justifies Venue

The court denied defendant's motion to dismiss for improper venue. "[T]he Court accepts plaintiff’s unrebutted allegation that defendant made over $6,000 worth of sales of the infringing product through its online store hosted by On the storefront, customers could purchase the allegedly infringing products and have them shipped to them. Construing these undisputed facts in a light most favorable to plaintiff, defendant made sales of the accused devices and shipped them to this district. The fact that the sales were made through a storefront on, rather than the defendant’s own website, makes little difference. . . . The Court thus finds that in maintaining its storefront, defendant actively directed its sales activities to this district."

Fusionbrands, Inc. v. Suburban Bowery of Suffern, Inc., 1-12-cv-00229 (GAND September 26, 2013, Order) (Carnes, J.)

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