Legal Question in Intellectual Property in New York

Re: Jurisdiction

As a matter of terminology, you are asking a "venue" question and not a "jurisdictional" one, although the concepts seem similar and often are confusing. As to the jurisdictional question, any claim arising under the laws of the United States vests in the federal courts "subject-matter jurisdiction," i.e., the federal courts have jurisdiction to hear the subject matter in question. (There is a separate jurisdictional question regarding whether the defendant has enough contacts with the forum state in order for that state, i.e., the court sitting in that state, to have "personal jurisdiction" over the defendant, but we would need considerably more facts to answer that question.)

As to "venue," under 28 U.S.C. Section 1391(b), a lawsuit based upon a federal law may be brought in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or (3) a judicial district in which any ddant may be found, if there is not district in which the action may otherwise be brought."

Please feel free to check-in if you have any more questions.

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]; http:\\AshmanGriffin.lawoffice.com