[1][2] While Step Two maintained no advertising, franchises, or businesses in the United States, similarities existed in logo design and the line of products offered by Toys "R" Us and Step Two under their respective Imaginarium trademarks, such as the similarity of the blue rectangular logo at the website imaginarium.es.
[3] Step Two did have contact with the United States since some of the toys sold in their stores were bought from American vendors.
On April 10, 2001, Step Two filed to dismiss this complaint over lack of personal jurisdiction in New Jersey.
[1] At the time of the suit, the Imaginarium sites maintained by Step Two were exclusively in the Spanish language and the price of items were shown only in local currencies (pesetas or euros).
[4] At the hearing on July 30, 2001, Toys "R" Us argued that the federal district court in New Jersey had personal jurisdiction based on the interactive nature of Step Two's websites.
Furthermore, they had evidence of two New Jersey residents (both on the Toys "R" Us legal team) ordering and receiving items bought from the site.
Specifically, the circumstances surrounding the transactions made in New Jersey to receive goods from the websites came under scrutiny.
They believed that the district court erred in denying this request for judicial discovery, claiming that they focused too narrowly on just the information related to the infringing website (instead of Step Two as a whole), and, in doing so, excluded possible evidence that might show "something more" to satisfy minimum contacts for personal jurisdiction.