The Second Circuit’s recent decision in American Girl v. Zembrka marks a notable shift in the landscape of intellectual property litigation. Traditionally, legal professionals adhered to the practice of completing test purchase shipments to establish jurisdiction in infringement cases. However, this ruling overturns years of precedent by suggesting that such measures may no longer be necessary for confirming jurisdiction.
This does not mean the strategy should be entirely discarded, according to Robert Wasnofski and Sara Gates from Dentons. The implications of the ruling could lead to adjustments in litigation strategies, but it remains vital for litigators to carefully consider the potential benefits of continuing with test purchase practices under certain circumstances. More details about the ruling’s impact and recommendations for practitioners can be read in the original article.