Fortune Hi-Tech Marketing, Inc. is a direct sales company. Fortune asserts that the company's trademarks and service marks-FORTUNE HI-TECH MARKETING and FHTM-have become well known in the industry; it has established goodwill and a solid reputation using these marks. Joseph Issacs became an independent representative (IR) who markets Fortune's products and services. Issacs decided to organize and operate a website called www.fortunesocial.com to facilitate networking among Fortune IRs who register as members of the website. Fortune asserts that the Web site misappropriated Fortune's trademarks and service marks and sought to profit from Fortune's good name and reputation.
When Issacs refused to remove the trademarks and service marks from the Web site, Fortune terminated Issacs. Fortune then filed a civil action in a Kentucky federal court against Issacs, asserting a number of intellectual property issues. Issacs filed a motion to dismiss, alleging that an exercise of jurisdiction over him, a Florida resident, was unreasonable. Was Fortune able to get personal jurisdiction over Issacs?
Fortune Hi-Tech Marketing, Inc. v. Issacs, Civil Action No. 10-123-KSF; WL 1872873 (E.D. Ky. 2010).