Question

Gucci America, Inc., a New York corporation, makes footwear, belts, sunglasses, handbags, and wallets. Gucci uses twenty-one trademarks associated with its goods. Wang Huoqing, a resident of the People’s Republic of China, offered for sale through his Web sites counterfeit Gucci goods. Gucci hired a private investigator in California to buy goods from the sites. Gucci then filed a suit against Huoqing in a federal district court, seeking damages and an injunction preventing further trademark infringement. The court first had to determine whether it had jurisdiction. The court held that it had personal jurisdiction over Wang Huoqing. The U.S. Constitution’s due process clause allows a federal court to exercise jurisdiction over a defendant who has had sufficient minimum contacts with the court’s forum. Huoqing’s fully interactive Web sites met this standard. Gucci also showed that within the forum Huoqing had made at least one sale—to Gucci’s investigator. The court granted Gucci an injunction. 1. What do the circumstances and the holding in this case suggest to a business firm that actively attempts to attract customers in a variety of jurisdictions? 2. Write a case brief: Gucci America, Inc. v. Wang Huoqing.

Answer 1

1. This situation and the ruling in this case indicate that a business firm actively attempting to solicit business in a jurisdiction should be prepared to appear in its courts. This principle likely covers any jurisdiction and reaches any business conducted in any manner.

2. Case Brief

Gucci America, Inc. v. Wang Huoqing

Procedural history

 Gucci sues Wang Huoqing seeking damages and an injunction

 Wang Huoqing fails to Appear in court.

Issues

Gucci is suing Wang Huoqing after they found out that he was selling counterfeit item through some of his websites.

Facts

 Wang Huoqing sold counterfeit and fake merchandise thru his website

 Gucci has physical evidence to his trademark infringement claim 

Wang Huoqing is not a United States Citizen.

 Wang Huoqing did not showed up to court.

Rule of Law

1. Since Wang Huoqing failed to appear at court, Gucci asked for a default judgment, but since Huoqing is not a us citizen the court needs to follow a procedure to determine whether they had jurisdiction over him.

2. The first step they have to do to determine their jurisdiction is to prove if t defendant has had “minimum contact” with the state in which he is being sued.