NY High Court And Long-Arm Copyright Jurisdiction

Law360, New York (July 22, 2010, 3:07 PM EDT) -- An important and unsettled question of personal jurisdiction in a copyright infringement case recently was certified to the New York Court of Appeals by a three-judge panel of the U.S. Court of Appeals for the Second Circuit, Penguin Group (USA) Inc. v. American Buddha, No. 09-1739-cv (2d. Cir. June 15, 2010).

Specifically, the certified question asked: “[I]n copyright infringement cases, is the situs of injury for purposes of determining long-arm jurisdiction under N.Y. C.P.L.R. Section 302(a)(3)(ii) the location of the infringing action or the residence or...
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