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Judge Spatt http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=75715 AFTER BRINGING its April 2003 action alleging trademark infringement through defendant Florida company’s sale of “Living Fuel” nutrition bars through its Web site, plaintiff Michigan intellectual property holding company’s bankrupt affiliate assigned its interests, including its trademarks in registered ” � Fuel” marks to plaintiff. The court dismissed plaintiff’s action for lack of personal jurisdiction. In ruling that defendant did not transact business subjecting it to jurisdiction under New York Civil Practice Law and Rules (CPLR) �302(a)(1), the court noted that the plaintiff alleged only that the defendant sells products nationally through an interactive Web site. Plaintiff did not claim defendant’s purposeful solicitation of New York customers or entry of contracts in New York. The court also found that plaintiff bought products from defendant’s Web site solely for litigation purposes. In declining jurisdiction under CPLR �302(a)(2), the court concluded that any tort arising from defendant’s use of plaintiff’s marks on its Web site was committed in Florida.

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