Gucci america vs wang huoqing

Case Study: Gucci America, Inc. v. Wang Huoqing

Purpose: The purpose of this assignment is to review the U.S. Constitution’s due process clause allows a federal court to exercise jurisdiction over a defendant who has had sufficient minimum contacts with the court’s forum be able to recognize the competing interests involved in an issue and reason through opposing points of view to a decision.

Objectives: 1. Students should understand the term ‘venue’. 2. Students should comprehend how a variety of jurisdictions work.

Preparation Instructions: 1. Compose your Case Study: Gucci America, Inc. v. Wang Huoqing assignment in

Microsoft Word or a compatible word processing application. 2. The paper should be formatted and typed using Times New Roman, 12-point font,

double-spaced, and one-inch margins (no exceptions). 3. The length of the paper should be at least 4 pages (including the title and references

pages). 4. Use APA 6th edition formatting and use a minimum of 2 references.

Content Instruction:

Gucci America, Inc., a New York corporation, makes footwear, belts, sunglasses, handbags, and wallets. Gucci uses twenty-one trademarks associated with its goods. Wang Huoqing, a resident of the People’s Republic of China, offered for sale through his Web sites counterfeit Gucci goods. Gucci hired a private investigator in California to buy goods from the sites. Gucci then filed a suit against Huoqing in a federal district court, seeking damages and an injunction preventing further trademark infringement. The court first had to determine whether it had jurisdiction.

The court held that it had personal jurisdiction over Wang Huoqing. The U.S. Constitution’s due process clause allows a federal court to exercise jurisdiction over a defendant who has had sufficient minimum contacts with the court’s forum. Huoqing’s fully interactive Web sites met this standard. Gucci also showed that within the forum Huoqing had made at least one sale—to Gucci’s investigator. The court granted Gucci an injunction.

1. What do the circumstances and the holding in this case suggest to a business firm that actively attempts to attract customers in a variety of jurisdictions?

2. Write a case brief: Gucci America, Inc. v. Wang Huoqing.

Submission Instructions: Save this assignment as “fname_lname_gucci_vs_wang.doc.” (i.e., john_smith_gucci_vs_wang.doc)

1. Access the Assignments link located on the Course Menu to upload the final document as an attachment to the Case Study: Gucci America, Inc. v. Wang Huoqing drop box by the due date listed on the Course Schedule.

2. Refer to the grading rubric in the drop box for specifics on grading criteria.

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