Girl Scouts of the United States v. Steir

102 F. App'x 217
CourtCourt of Appeals for the Second Circuit
DecidedJune 24, 2004
DocketNo. 03-9087
StatusPublished
Cited by13 cases

This text of 102 F. App'x 217 (Girl Scouts of the United States v. Steir) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Girl Scouts of the United States v. Steir, 102 F. App'x 217 (2d Cir. 2004).

Opinion

SUMMARY ORDER

Plaintiff-Appellant Girl Scouts of the United States of America appeals from the district court’s judgment dismissing its trademark infringement action for lack of personal jurisdiction over Defendants-Appellees Michael and Linda Steir, residents of New Hampshire. See Fed.R.Civ.P. 12(b)(2). We assume familiarity with the record before the district court and with its challenged ruling, and we hereby affirm the dismissal.

We review the district court’s dismissal for want of personal jurisdiction de novo. See In re Magnetic Audiotape Antitrust Litigation, 334 F.3d 204, 206 (2d Cir.2003). Because the district court chose to rely on pleadings and affidavits, dismissal is appropriate only if the submissions, when viewed in the light most favorable to the plaintiff, fail to make a prima facie showing of personal jurisdiction over the defendants. See Distefano v. Carozzi N. Am., Inc., 286 F.3d 81, 84 (2d Cir.2001).

[219]*219In a federal question case where defendants reside outside the forum state, we look to the forum state’s personal jurisdiction rules, unless the applicable federal statute provides for nationwide service of process. See Sunward Elecs., Inc. v. McDonald, 362 F.3d 17, 22 (2d Cir.2004). Because the Lanham Act does not provide for nationwide service of process, see 15 U.S.C. §§ 1051 et seq.; see also Sunward Elecs., Inc. v. McDonald, 362 F.3d at 22, we examine New York’s jurisdictional statutes to determine whether there is personal jurisdiction over defendants. If jurisdiction is appropriate under New York’s long-arm statute, we must then decide whether the exercise of such jurisdiction comports with the requirements of due process. See Sunward Elecs., Inc. v. McDonald, 362 F.3d at 24.

Girl Scouts asserts that personal jurisdiction over the Steirs exists under sections 302(a)(1) and 302(a)(3) of the New York state long-arm statute. We disagree.

1. N.Y. C.P.L.R. § 302(a)(1)

Section 302(a)(1) provides that a court may exercise personal jurisdiction over a foreign defendant who “transacts any business within the state” provided the claim asserted arises from the transaction of such business. N.Y. C.P.L.R. § 302(a)(1); see Sunward Elecs., Inc. v. McDonald, 362 F.3d at 22. Girl Scouts contends that the Steirs transacted business in New York (1) by maintaining a website that (a) advocated their position in their New Hampshire discrimination lawsuit against Girl Scouts and (b) urged visitors to send a form letter to Girl Scouts in New York and to boycott Girl Scout cookies, and (2) by conducting litigation-related activities in New York. We conclude that § 302(a)(1) does not support the exercise of personal jurisdiction in this case, although we do so for slightly different reasons than those stated by the district court.

Preliminarily, we need not decide whether any of the Steirs’ website activity can be considered “commercial.” Contrary to the district court’s suggestion, non-commercial activity may qualify as the transaction of business under § 302(a)(1). See Padilla v. Rumsfeld, 352 F.3d 695, 709-10 & n. 19 (2d Cir.2003). Nevertheless, a nondomiciliary “transacts business” in New York under § 302(a)(1) only when he purposefully avails himself of the privilege of conducting activities within New York, thus invoking the benefits and protections of the state’s laws. See CutCo Indus., Inc. v. Naughton, 806 F.2d 361, 365 (2d Cir.1986); McKee Elec. Co. v. Rauland-Borg Corp., 20 N.Y.2d 377, 382, 283 N.Y.S.2d 34, 37-38, 229 N.E.2d 604 (1967). That is not this case. The Steirs’ website is directed at the entire United States in an effort both to garner support for their New Hampshire lawsuit and to effect a national change in Girl Scouts’ policies toward disabled members. The Steirs have manifested no intent specifically to target New York supporters or to avail themselves of the particular benefits of New York law. Although the actions promoted by the Steirs may reach New York residents or the Girl Scouts at their New York headquarters, the Steirs themselves have not engaged in any “ ‘purposeful activity" ” in New York in connection with their allegedly infringing website. Padilla v. Rumsfeld, 352 F.3d at 709 (quoting Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc., 15 N.Y.2d 443, 457, 261 N.Y.S.2d 8, 18, 209 N.E.2d 68 (1965)). As New York law makes plain, the “mere solicitation of business within the state does not constitute the transaction of business within the state” absent some other New York-directed activities. O’Brien v. Hackensack Univ. Medical Ctr., 305 A.D.2d 199, 201, 760 N.Y.S.2d 425, 427 (1st [220]*220Dep’t 2003); see also Davidson Extrusions, Inc. v. Touche Ross & Co., 131 A.D.2d 421, 423-24, 516 N.Y.S.2d 230, 232 (2d Dep’t 1987) (holding placement of advertisement in national publication not sufficient to constitute transaction of business within state).

Girl Scouts also contends that the Stems transacted business in New York by conducting litigation-related activities within the state. Assuming Girl Scouts could show that such activities constitute transacting business in New York—an argument for which they offer no supporting legal authority—these acts do not bear an articulable nexus to the trademark action. See McGowan v. Smith, 52 N.Y.2d 268, 272-73, 437 N.Y.S.2d 643, 645, 419 N.E.2d 321 (1981).

Accordingly, § 302(a)(1) cannot support the exercise of personal jurisdiction over the Steirs.

2. N.Y. C.P.L.R. § 802(a)(3)

Section 302(a)(3) provides that a tortious act committed outside New York that causes injury to a person within New York may be a basis for personal jurisdiction, see N.Y. C.P.L.R. § 302(a)(3); see also Distefano v. Carozzi N. Am., Inc., 286 F.3d at 84, provided that the defendant either (i) “regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered” in New York, N.Y. C.P.L.R. § 302

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Bluebook (online)
102 F. App'x 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/girl-scouts-of-the-united-states-v-steir-ca2-2004.