Telemedicine Sol’ns LLC v. WoundRight Techs, LLC, No. 13 C 3431, Slip Op. (N.D. Ill. Mar. 14, 2014) (Dow, J.).
Judge Dow granted defendant WoundRight Technologies’ (“WoundRight”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving plaintiff Telemedicine Solutions’ (“Telemedicine”) & WOUND ROUNDS federal registration. Despite no physical or sales contacts with Illinois, Telemedicine argued that WoundRight “expressly aimed its alleged infringing activities at Illinois using Google Ad Words, its website and social media.
Of particular note, the Court held as follows:
- “Express aiming” required more than an intentional tort to create jurisdiction from internet activity. There must be some connection to Illinois.
- Telemedicine’s residence in Illinois is not enough, unless without evidence that WoundRight knew that or otherwise directed its alleged harm at Illinois.
- WoundRight, further, had not targeted Illinois or generated Illinois contacts except by “happenstance.”