Merrill Primack v. Polto, Inc., No. 08 C 4539, Slip Op. (N.D. Ill. Jul. 8, 2010) (Dow, J.).

Judge Dow granted defendants’ Fed. R. Civ. P. 12(b)(2) motion to dismiss this Lanham Act case over plaintiff’s "Credit Lifeline" mark for lack of personal jurisdiction. Plaintiff did not claim general jurisdiction, relying only upon specific jurisdiction. Defendants’ only Illinois contacts were the sale of 212 books unrelated to the Credit Lifeline mark into Illinois. And defendants’ offer for sale of its Credit Lifeline book via an interactive website could not alone create specific jurisdiction. Similarly, injury to intellectual property alone did not create jurisdiction based upon the effects test. Harm to the plaintiff in the jurisdiction did not satisfy the test by itself. Defendant’s actions must have been intentional, aimed at the forum state and defendant had to know that plaintiff’s harm was likely to be suffered. But there was no indication that defendant was even aware of plaintiffs’ Credit Lifeline mark, or of plaintiff, from defendant’s first use of the mark in 2001 until, at the earliest, when plaintiff registered its mark in 2008.

Finally, the Court held that there was no persuasive reason that exercising personal jurisdiction would have comported with "fair play and substantial justice."