Ronald A. Swoboda v. Hero Decks, a Division of Parody Productions, LLC

Notable Items:

Material Facts:

• Parody Productions, LLC published novelty playing cards, called Hero Decks, sold over the Internet.
• The product at issue contains an image of Ronald A. Swoboda, a baseball player included the New York Mets Hero Deck.
• Mr Swoboda claims not to have given permission to use his image.
• A cease and desist letter was sent to Parody.
• Parody continue to sell the Hero Deck featuring Mr Swoboda's image and likeness.
• Mr Swoboda's counsel purchased a Mets Hero Deck over the Internet [from within Louisana].
• Mr Swoboda's counsel filed suit to enjoin Parody from the continued use of his name an likeness and for damages for violating his right to publicity and alternatively damages for unjust enrichment.
• A full recounting of the facts is available below

Procedural History:

• Mr Swoboda filed suit to enjoin Parody from the continued use of his name an likeness and for damages for violating his right to publicity and alternatively damages for unjust enrichment.
• Parody filed exceptions of lack of personal jurisdiction.
• Trial court sustained the exception [objection] of lack of personal jurisdiction
• This appeal followed.

Appellant's Claim(s):

Issues:

Holding(s) and Disposition:

Rationale

Majority Opinion

• Party seeking to invoke personal jurisdiction has the burden of establishing such jurisdiction exists.
• Authority to exercise jurisdiction over a non-resident defendant is granted upon Louisana Long-arm Statute.
• Two prongs of 14th Amendment Due Process test must be satisfied: 1) non-resident must have "minimum contacts" with the forum state; and 2) personal jurisdiction in the forum state must not violate the basic notions of "fair play and substantial justice".
• Minimum contacts requires proving that the defendant purposefully availed itself of the laws and protections of the forum state.
• When information is not exchanged on an on-going basis we are confronted with an an intermediate category.
• Other than accessing the website and purchasing the product, the record is void of any other contact Parody had with Louisana.
• US Supreme Court has held that "mere unilateral activity of those who claim some relationship with the nonresident defendant cannot satisfy the requirement of contact within the forum state."
• Mr Swoboda's cause of action as plead in his petition arose prior to his attorney's purchase of the Mets Hero Deck.
• We find that the connexity between Parody's contact with Louisana and Mr Swoboda's cause of action are too attenuated to constitutionally exercise personal jurisdiction over Parody.
• A full description of the rationale is available below

Full Recounting of Facts

• Parody Productions, LLC published novelty playing cards, called Hero Decks, sold over the Internet.
• The product at issue contains an image of Ronald A. Swoboda, a baseball player included the New York Mets Hero Deck.
• Mr Swoboda claims not to have given permission to use his image.
• A cease and desist letter was sent to Parody.
• Parody continue to sell the Hero Deck featuring Mr Swoboda's image and likeness.
• Mr Swoboda's counsel purchased a Mets Hero Deck over the Internet [from within Louisana].
• Mr Swoboda's counsel filed suit to enjoin Parody from the continued use of his name an likeness and for damages for violating his right to publicity and alternatively damages for unjust enrichment.
• Parody filed exceptions of lack of personal jurisdiction.
• Trial court sustained the exception [objection] of lack of personal jurisdiction
• This appeal followed.
• A list of the material facts is available above

Majority Full Argument

• Party seeking to invoke personal jurisdiction has the burden of establishing such jurisdiction exists.
• Burden satisfied upon a prima facie showing that jurisdiction is appropriate.
• Authority to exercise jurisdiction over a non-resident defendant is granted upon Louisana Long-arm Statute.
• Two prongs of 14th Amendment Due Process test must be satisfied: 1) non-resident must have "minimum contacts" with the forum state; and 2) personal jurisdiction in the forum state must not violate the basic notions of "fair play and substantial justice".
• Appellant claims that because Parody maintains an interactive website that has allowed Louisana residents to purchase the cards, ... jurisdiction is warranted.
• Minimum contacts requires proving that the defendant purposefully availed itself of the laws and protections of the forum state.
• Passive websites disseminate information and do not provide the minimum contacts that warrant the exercise of personal jurisdiction.
• Interactive websites, where business is clearly done, typically have repeated contacts and transmissions and may allow participants to enter into contracts.
• Such interactive websites clearly warrant personal jurisdiction.
• When information is not exchanged on an on-going basis we are confronted with an an intermediate category.
• Tuff Coat: passive website providing phone number, product information, and testimonials...no purposeful availment of Lousiana's law...no personal jurisdiction.
• Crummey: third-party website, transaction conducted by telephone, all events in Texas, found purposeful availment of Lousiana's law...and personal jurisdiction.
• Other than accessing the website and purchasing the product, the record is void of any other contact Parody had with Louisana.
• US Supreme Court has held that "mere unilateral activity of those who claim some relationship with the nonresident defendant cannot satisfy the requirement of contact within the forum state."
• Mr Swoboda's cause of action as plead in his petition arose prior to his attorney's purchase of the Mets Hero Deck.
• Extending personal jurisdiction would not conport with the notions of fair play and substantial justice.
• We find that the connexity between Parody's contact with Louisana and Mr Swoboda's cause of action are too attenuated to constitutionally exercise personal jurisdiction over Parody.
• The core of the rationale is available above