· 2/1/1921
McNeal v. Smith
Citations
- 190 Ky. 355
- 227 S.W. 468
- 1921 Ky. LEXIS 442
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- jurisdiction over out-of-state defendant who offered infringing products to Illinois residents through a storefront on Aliexpress.com
- defendants affirmatively created a shipping option on their website to ship counterfeit goods to Illinois
- specific jurisdiction existed over out-of-state sellers of counterfeited merchandise based on offering merchandise for sale over the internet in Illinois and the purchase of the products by consumers in Illinois
- jurisdictional allegations are accepted as true, but if a defendant submits evidence in opposition to the exercise of jurisdiction, plaintiff must go beyond the pleadings and submit affirmative evidence to support it
- defendants “expressly elected to do business with the residents of all fifty states, including Illinois,” where they “intentionally created and operated commercial, fully interactive AliExpress Internet stores” and “affirmatively selected a shipping template to ship” products to Illinois
- finding jurisdiction where defendants shipped counterfeit products to Illinois residents
Source: CourtListener parenthetical corpus (CC0).
Judges: Sampson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.