Merrill Primack v. Pearl B. Polto, Inc., No. 08 C 4539, Slip Op. (N.D. Ill. Jul. 8, 2009) (Dow, J.).

Judge Dow granted the Polto defendants’ (collectively "Polto") Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act dispute regarding plaintiff’s "Credit Lifeline" mark.  Plaintiff alleged only specific jurisdiction, not general jurisdiction.  Plaintiff’s evidence of specific jurisdiction was based upon the following facts: 1) Polto’s 2006 trip to Chicago to put on a Credit Lifeline seminar; and 2) Polto’s interactive website.  Polto, however, had not been aware of plaintiff’s trademark during the 2006 trip.  Plaintiff did not file for its trademark until 2008.  So, when Polto made its 2006 trip there was no evidence of notice of plaintiff’s mark.  Furthermore, no one attended Polto’s 2006 Chicago seminar and Polto returned to Philadelphia immediately after leaving the seminar site.  Finally, the Court held that Polto’s interactive website by itself could not confer specific jurisdiction.