The United States District Court for the District of Arizona was asked to review whether the allegedly infringing use of a service mark in a home page on the World Wide Web suffices for personal jurisdiction in the state where the holder of the mark has its principal place of business.

[2] Cybersell FL used their website to provide contact information for their business, including their phone number and email address.

[2] The court applied the “minimum contacts” test to determine whether the court could exercise specific personal jurisdiction over a nonresident defendant: "(1) The nonresident defendant must do some act or consummate some transaction with the forum or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections[;] (2) the claim must be one which arises out of or results from the defendant's forum-related activities[; and] (3) exercise of jurisdiction must be reasonable.

"[4] The court determined that Cybersell FL's conduct did not amount to purposeful availment under the first prong of the minimum contacts test.

‘It is not required that a defendant be physically present within, or have physical contacts with the forum, provided that his efforts ‘are purposefully directed’ toward forum residents.’”[4] Having yet to rule on personal jurisdiction “in the context of cyberspace” the court looked to Second and Sixth Circuit decisions for guidance, namely CompuServe, Inc. v. Patterson[5] and Bensusan Restaurant Corp. v.

[6] In CompuServe, the court ruled that the defendant purposefully availed himself of the privilege of doing business in Ohio when the defendant transmitted his product from Texas to CompuServe's system in Ohio, and the system provided access to his software to others to whom he advertised and sold his product.