Civil Procedure Commons^™

Rule 4(K)(2) And The Online Marketplace: An Efficient And Constitutional Route To Personal Jurisdiction Over Foreign Merchants Of Counterfeits, Taylor J. Pollier

Duquesne Law Review

The online marketplace has exploded as an efficient way for U.S. consumers to get the goods they need and want delivered directly to their doors. At the same time, the prevalence of counterfeit goods offered for sale on those marketplaces has grown. Companies in the United States that own the intellectual property rights to products being counterfeited online often use various methods to stop the infringement before court intervention is necessary. Ultimately, however, those companies may need to sue the infringing party to enforce their rights. Without the 1993 addition of Federal Rule of Civil Procedure 4(k)(2), that would not …