[11] Although not mentioned in the briefing, the court believes that an administrative proceeding, arising from the same facts as the instant action, is presently before the International Trade Commission. to Dismiss at 3.) Because […], Popular Products While shopping online for an gift card e card amazon is easier and more convenient than shopping in person, it is also harder to know if you are buying a high-quality product. 2d 92 (1987) (quoting Burger King v. Rudzewicz, 471 U.S. 462, 474, 105 S. Ct. 2174, 2183, 85 L. Ed. A. MMV").) Moreover, a court must also evaluate "`the interstate judicial system's interest in obtaining the most efficient resolution of controversies; and the shared interest of the several States in furthering fundamental substantive social policies.'" Pennsylvania. at 1035). Cooking Directions: Empty contents of package into 4 quarts of boiling water. 15 U.S.C. to Dismiss at Ex. The court reads Chief Judge Sloviter's dissent in Max Daetwyler, in conjunction with the Third Circuit's recent decision in Renner and the Supreme Court's opinion in Asahi, to suggest that the stream of commerce theory may provide a basis for personal jurisdiction under limited circumstances. ("Maktas") and Filiz Gida Sanayii ve Ticaret A.S. ("Filiz"). & Loan Ass'n., 819 F.2d 434, 436-37 (3d Cir. Maktas' Reply in Supp. Please login or register to write a review for this product. Id. Elizabeth T. Van Horn, Wendall B. Alcorn, Jr., Cadwalader, Wickersham & Taft, Washington, DC, Christian S. Erb, Jr., Metzger, Wickersham, Knauss & Erb, Harrisburg, PA, for Filiz Gida Sanayii ve Ticaret A.S. Before the court are motions to dismiss filed by Defendants Maktas Makarnacilik ve Ticaret T.A.S. 10 ("Luigi Vitelli" packaging reads "Registered Dept. The Lanham Act was created to provide a special and limited unfair competition remedy for business competitors. (Amd. The Lanham Act does not provide for nationwide service of process. (Id. ), indicates that for the fifty-two week period ending January 1, 1995, 1,223,221 cases of pasta were sold in the United States. The Court, however, was divided in its discussion of the "stream of commerce" theory. The defendant alien proprietorship distributed its blades through two American distributors. Id. at 34.) Construing the facts in a light most favorable to Plaintiff, the court finds that the alleged conduct presented an economic hazard to Plaintiff corporation analogous to the hazard encountered by a consumer using a defective and unreasonably dangerous product. Where the parties hail from different nations, the Supreme Court has noted that the relevant inquiry involves consideration of "the procedural and substantive policies of other nations whose interests are affected by the assertion of jurisdiction by the ... [American] court. Top 10 Best Luigi Vitelli Pasta . Asahi, 480 U.S. at 112, 107 S. Ct. at 1032. Because of Plaintiff's ties to the forum state, and the because the unfair competition is alleged to have occurred in Pennsylvania, the Commonwealth has an interest having the litigation occur here. [10] The Court also observed that all relevant interests "will be best served by a careful inquiry into the reasonableness of the assertion of jurisdiction in the particular case, and an unwillingness to find the serious burdens on an alien defendant outweighed by minimal interests on the part of the plaintiff or the forum state. 2d 528 (1985)). § 1125(a). It is uncontroverted that Defendants Maktas and Filiz would be burdened if forced to defend against suit anywhere in the United States.

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