On August 21, 1998, an Oregon resident, Linda Lufkin, purchased a compact disc from defendants through their Web site. See Affidavit of Donna Cleaver, Exhibit A. The credit was mailed to plaintiff in error the document apparently was intended for defendants. On or about July 7, 1998, plaintiff received a credit document from Allegro. Defendants' purchases from Allegro in 1994-1997 totaled approximately one-half of one percent of defendants' inventory purchases for those years. Defendants also offer franchising circulars through the Internet and have two franchised stores in North Carolina.ĭefendants have purchased a small amount of compact discs from Allegro Corporation ("Allegro"), a distributor located in Portland, Oregon. During the same period, defendants' retail sales were $2,180,000. From March 1998 through September 1998, defendants sold fifteen *909 compact discs to nine separate customers in six states and one foreign country. Defendants operate retail music stores in South Carolina under the name "Millennium Music." Defendants sell products through their retail outlets and their Internet Web site, although the vast majority of sales occur at their retail stores. Plaintiff now operates two retail music stores in Portland and also sells products through mail and telephone orders and its Internet Web site.ĭefendant Millennium Music, Inc., is a South Carolina corporation and general partner of defendant Millennium Music, L.P., a South Carolina limited partnership. Plaintiff opened its first retail outlet under the name "Music Millennium" in 1969. Plaintiff, Music Millennium, is a business incorporated in Oregon with its principal place of business located in Portland, Oregon. For the reasons discussed below, defendants' motion is granted. Defendants seek dismissal for lack of personal jurisdiction pursuant to Fed.R.Civ.P.
Plaintiff also alleges state statutory claims for unlawful trade practices, trademark infringement and dilution, and common law claims of unfair competition and trademark infringement. Plaintiff files suit seeking damages and injunctive relief for alleged trademark infringement under the Lanham Act, 15 U.S.C. Lau, Chernoff, Vilhauer, McClung & Stenzel, LLP, Portland, OR, for defendants. Bell, Duncan Honn, P.C., Portland, OR, for plaintiff. MILLENNIUM MUSIC, LP, a South Carolina limited partnership Millennium Music, Inc., a South Carolina corporation, Defendants.
MILLENNIUM ENTERPRISES, INC., dba Music Millennium and Millennium Music, an Oregon corporation, Plaintiff,
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