![]() ![]() #SYTE VISUAL CONCEPTION LTD SOFTWARE#That application covered "omputer software and hardware for analyzing, reporting and responding to malware infections and application performance problems, used in the field of information technology." In its complaint, Plixer alleged that Scrutinizer's use of the term "Scrutinizer" caused "confusion, mistake or deception as to the source" of Scrutinizer's services that the use "will infringe and/or dilute Plixer's prior rights" in the mark that the use "will interfere with Plixer's use" of its mark and that Scrutinizer's "services are closely related to the services covered by Plixer's" mark, so "the public is likely to be confused about whether Plixer is the source of services or whether Plixer is affiliated with or the sponsor of services." Plixer's trademark application said that Plixer used the mark as early as November 2005. registered mark "Scrutinizer," for which it filed in July 2015. (Plixer), a Maine corporation, sued Scrutinizer in federal district court in Maine on November 21, 2016, for trademark infringement. During the three-and-a-half year period, Scrutinizer had two Maine customers, who collectively paid Scrutinizer €3,100 for its services. It does, however, detail Scrutinizer's customer numbers by state: from fifty-one in California to one in each of eight other states. The record does not reveal what percentage of Scrutinizer's total revenue comes from the United States. This amount was just under $200,000 in June 2017. ![]() These sales occurred in thirty states, and the revenue from the contracts remitted to Scrutinizer €165,212.07. In an affidavit, Scrutinizer's founder said that customers can use the service "anywhere where Internet access is available." Scrutinizer's website states that it is "rusted by over 5000 projects and companies around the world." Over three-and-a-half years, from January 2014 to June 2017, 3 Scrutinizer sold its services to 156 ![]() Scrutinizer provides its service globally. office, phone number, or agent for service of process it directs no advertising at the United States and its employees do not go to the United States on business. Scrutinizer's standard contract with those customers contains a forum-selection clause and a choice-of-law clause that provide that all lawsuits relating to the contract be brought in German courts and under German law. In the course of its activities, Scrutinizer employs Google Analytics.Ĭustomers who contract to use Scrutinizer's online service can pay only in euros. #SYTE VISUAL CONCEPTION LTD CODE#Scrutinizer brings its customers' code from a third-party hosting service like GitHub 2 to its "controlled cloud environment," where it runs "software analysis tools" meant to "improve source-code quality, eliminate bugs, and find security vulnerabilities." Scrutinizer offers potential customers a fourteen-day free trial. Through its interactive, English-language website, Scrutinizer runs a "self-service platform" that helps customers build better software. Scrutinizer GmbH 1 (Scrutinizer) is a German corporation with its principal place of business in Kassel, Germany. We take the following facts from the undisputed record. We note that this is an area in which the Supreme Court has not yet had the occasion to give clear guidance, and so we deliberately avoid creating any broad rules. Given the particular facts of this case, we affirm the thoughtful holding of the district court that the exercise of specific personal jurisdiction against a German corporation under Federal Rule of Civil Procedure 4(k)(2) does not offend the Due Process Clause of the United States Constitution. Sackman and Bernstein Shur PA, Manchester, NH, were on brief, for appellant.īefore Lynch, Selya, and Lipez, Circuit Judges. Goggin, with whom Verrill Dana, LLP, Portland, ME, was on brief, for appellee. United States Court of Appeals, First Circuit. PLIXER INTERNATIONAL, INC., Plaintiff, Appellee, ![]()
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