|
Website Shopping Carts may lead to Jurisdiction |
|
In A.L. Enterprises, Inc. v. Sebron, a Utah court ruled that highly interactive websites, such as those that use shopping carts like Google Checkout or others.
The court cited that there was no retriction of individuals that could access the site or purchase from the site. "Sellers cannot expect to avail themselves of the benefits of the internet-created world market that they purposefully exploit and profit from without accepting the concomitant legal responsibilities that such an expanded market may bring with it," the court said, citing Dedvukaj v. Maloney, Moreover, the court stated that there is no necessity to actually sell products in the forum state, advertising, such as a website, is considered enough. "[P]ersonal jurisdiction is proper for a highly commercial site even when there is only minimal or no evidence of actual sales into the forum," Judge David Sam said. "Advertising and attempting to s[ell] products through an online store to residents of the forum constitutes purposeful availment." |