Copyright © Jeffrey Pittman – Cyberlaw & E-Commerce.

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Presentation transcript:

Copyright © Jeffrey Pittman – Cyberlaw & E-Commerce

 CoolEdge uses comparative advertising on its Website  A German competitor sues in Germany, claiming the CoolEdge comparative advertising violates German law  What are the practical aspects to ignoring the German lawsuit, versus defending the lawsuit? 2 Jeffrey Pittman - Cyberlaw & E- Commerce

 In team format, compare the CoolEdge question to the iAccess case, pages  General Jurisdiction?  Specific Jurisdiction?  Sufficient Minimum Contacts?  Purposeful availment and the sliding-scale test 3 Jeffrey Pittman - Cyberlaw & E- Commerce

 In team format, compare the CoolEdge question to Pavlovich, pages  General Jurisdiction?  Specific Jurisdiction?  Sufficient Minimum Contacts?  Purposeful availment and the effects test 4 Jeffrey Pittman - Cyberlaw & E- Commerce

 How do forum selection and choice of law clauses affect our jurisdiction analysis?  How do the Yahoo! lawsuits involving France illustrate foreign jurisdiction, American jurisdiction, comity, ripeness and choice of laws 5 Jeffrey Pittman - Cyberlaw & E- Commerce

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