November 6, 2009 – (HOSTSEARCH.COM) – Today, in a decision that could have a significant impact on the future of Internet companies, Wilson Sonsini Goodrich & Rosati won a dismissal with prejudice on behalf of firm client
Go Daddy in the U.S.. District Court for the Northern District of Illinois.
The suit, filed by uBID, had claimed that Go Daddy violated the Anticybersquatting Consumer Protection Act by including domain names containing the plaintiff's trademarks in Go Daddy's Parked Page, Cash Parking, and Domain Auction services. Go Daddy moved to dismiss the action for lack of personal jurisdiction.
Ultimately, the court held that Go Daddy is not subject to personal jurisdiction in the state of Illinois. The court agreed with the firm's argument that in order to exercise general jurisdiction over an Internet company that offers services to anyone in the world, the company must either have a physical presence in the state or have targeted its advertising and solicitation efforts specifically at residents of the state. The court also adopted the firm's argument that the widely used "Zippo test" for determining whether jurisdiction exists over Internet companies does not apply to the issue of general jurisdiction. Lastly, the court agreed with the firm's position that Illinois residents' unilateral activity in purchasing Go Daddy's services did not satisfy the requirements for specific jurisdiction.
The Wilson Sonsini Goodrich & Rosati attorneys representing Go Daddy in the matter include partners Tonia Klausner and John Slafsky and associates Craig Bolton and Hollie Hire.
