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· 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 CourtListener

Sourced 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.