Sage Prods, Inc. v. Primo, Inc., No. 12 C 3620, Slip Op. (N.D. Ill. Mar. 5, 2013) (Coleman, J.).

Judge Coleman granted defendant Primo’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this trade dress case involving a boot designed to cushion and prevent heel ulcers.  Primo did not avail itself of Illinois by soliciting sales in Illinois or regularly selling to Illinois customers.  Primo did contract with a third party sales rep, but that rep only made calls to two Illinois customers after general conversations at a Las Vegas trade show.  And neither Illinois entity returned the phone calls.  And operating a website that was accessible in, but did not target, Illinois was not sufficient to create jurisdiction.  Finally, Primo’s website was passive.  It did not provide any forms for purchasing or the ability to directly purchase the accused boot.