· 9/20/1968
Southern MacHine Company, Inc. v. Mohasco Industries, Inc.
Citations
- 401 F.2d 374
- 159 U.S.P.Q. (BNA) 72
- 1968 U.S. App. LEXIS 5493
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that although defendant had not solicited the original agreement, it unquestionably had purposefully availed itself of the license agreement at issue in the case
- holding “defendant’s activities or the consequences thereof must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable”
- noting that soliciting business by mail, transmission of radio broadcasts, and sending items into the state to be sold by independent contractors constitute the transaction of business in the state
- finding purposeful availment where the defendant entered into a licensing agreement which contemplated the manufacture and marketing of the licensed item in the forum state
- Tennessee’s legislators “have declared that State’s interest in any cause of action arising from any business transaction in Tennessee”
- \the contention that [plaintiff] solicited the license agreement from [defendant] is immaterial ... [defendant] chose to deal with [plaintiff]....\
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Sullivan, Celebrezze, Combs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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