Flava Works, Inc. v. Rowader, No. 12 C 7181, Slip Op. (N.D. Ill. Nov. 16, 2012) (Lefkow, J.).
Judge Lefkow denied defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff Flava Works copyright suit for lack of jurisdiction and improper venue. Defendant – a California citizen who did not direct any business at Illinois – would not have been subject to general or personal jurisdiction in Illinois. But defendant accepted a valid forum selection clause including Chicago by using Flava Works’ website. While it could be considered an un-negotiable contract of adhesion, defendant could have used another website with a different forum selection clause.