District Judge Katherine B. Forrest

 

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Texas-based SK Diamonds allegedly sold jewelry infringing New York-based Verragio’s copyrights and trademarks associated with its “Insignia Collection” ring design. The record developed in jurisdictional discovery revealed SK admitted selling jewelry to independent New York jewelers; that it hand delivered jewelry to retailers at trade shows in New York; that it shipped allegedly infringing rings to New York customers at New York addresses, and that it had advertised an allegedly infringing ring—shipped to New York where payment therefor was accepted—by an online advertisement accessible in New York. The court denied dismissal of Veraggio’s infringement action, finding that Veraggio proved, by preponderant evidence, that it held personal jurisdiction over SK. In addition to finding personal jurisdiction reasonable under the five-factor test from Asahi Metal Indus. Co. v. Sup. Court of Cal., 480 U.S. 102, and Chloe v. Queen Bee of Beverly Hills LLC, 616 F.3d 158, the court found that SK’s purposeful availment of the privilege of doing business in New York with a New York resident sufficiently established minimum contacts under the Due Process clause. Because SK is subject to personal jurisdiction in the district, venue therein is also proper.