Premium Balloon Accessories, Inc. v. Control Plastics
Opinion of the Court
The plaintiff, Premium Balloon Accessories, Inc., appeals the district court’s dismissal of its trade-dress infringement complaint against Control Plastics for lack of personal jurisdiction pursuant to Fed. R. Crv. P. 12(b)(2). The court found that Premium Balloon failed to show that Ohio’s long-arm statute conferred personal jurisdiction over Control Plastics, a two-person California company, because Control Plastics did not transact or solicit business in Ohio or derive substantial revenue from the state, within the meaning of Ohio’s long-arm statute. See Ohio Rev. Code Ann. §§ 2307.382(A)(1) and (A)(4). The court also held that even if personal jurisdiction existed under Ohio’s long-arm statute, such jurisdiction would not comport with federal due process principles.
Control Plastics does not have not an Ohio office or telephone listing. The plaintiff nevertheless contended that the complaint established personal jurisdiction,
Having had the benefit of oral argument, and having studied the record on appeal and the briefs of the parties, we are not persuaded that the district court erred in dismissing the complaint. Because the reasons why the record fails to establish personal jurisdiction over the defendant have been fully articulated by the district court, the issuance of a detailed opinion by this court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM the judgment of the district court upon the reasoning set out by that court in its order dated December 27, 2002.
Reference
- Full Case Name
- PREMIUM BALLOON ACCESSORIES, INC. v. CONTROL PLASTICS
- Cited By
- 1 case
- Status
- Published