Amba Marketing Systems, Inc. v. Jobar International, Inc.

This is an appeal from the district court’s dismissal of plaintiff Amba Marketing System, Inc.’s (Amba’s) action on the ground of lack of personal jurisdiction over the defendant Jobar International, Inc. (Jobar). Subject matter jurisdiction in district court was pursuant to 28 U.S.C. Secs. 1332 (a) (diversity of citizenship) and 1338 (patent infringement, trademark infringement and unfair competition). While recognizing that close questions of in personam jurisdiction are presented, we affirm the district court’s dismissal.

Amba’s complaint was in 4 counts- — unfair competition, trademark infringement, false designation of origin, and patent infringement. The facts giving rise to the complaint were as follows. Plaintiff Amba is a Delaware corporation with its principal place of business in Arizona. Amba is engaged in mail order sales of leather goods, primarily women’s wallets and handbags. Defendant Jobar is a California corporation with its principal place of business in Santa Monica, California. Jobar’s business essentially consists of importing different items of merchandise and selling them to various mail order sales companies, including some of Amba’s competitors. Jobar…