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Smitty's Is a Bait and Tackle Shop near Lake of the Ozarks,Missouri,owned

Question 130

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Smitty's is a bait and tackle shop near Lake of the Ozarks,Missouri,owned by Red Smith.Smitty's has a website,www.smittys.com.Smitty's Bait Shop is located in the Adirondacks in New York,owned by Buzz Smith,who also runs a catalogue business.When Buzz tried to get the website,www.smittys.com,for use with his catalogue sales,he discovered Smitty's of Missouri.He filed suit in federal district court in New York for infringement."Everyone will go to the site and think I don't have catalogue merchandise! I'll lose business." Red says,"I'm in Missouri.How could anyone be confused? And,I don't sell by catalogue or the Internet.And,I'm not going to New York to defend a pointless lawsuit."


A) Red is correct, New York has no jurisdiction over him.
B) Buzz is correct.Red's Internet site subjects him to New York jurisdiction.
C) Neither is correct, the case belongs in state court.
D) none of the above

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