Inset Systems, Inc. v. Instruction Set, Inc

937 F. Supp. 161 (1996)

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Nature of the Case

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Facts

P is a corporation organized under the laws of the state of Connecticut, with its office and principal place of business in Brookfield, Connecticut. P develops and markets computer software and other related services throughout the world. D is a corporation organized under the laws of the state of Massachusetts, with its office and principal place of business in Natick, Massachusetts. D provides computer technology and support to thousands of organizations throughout the world. D does not have any employees, nor offices within Connecticut, and it does not conduct business in Connecticut on a regular basis. On August 23, 1985, P filed for registration as the owner of the federal trademark INSET. On October 21, 1986, P received registration number 1,414,031. D obtained 'INSET.COM' as its Internet domain address. D uses this domain address to advertise its goods and services. At this time there are at least 10,000 Internet-connected computer users in the state of Connecticut. P learned of D's Internet domain address in March 1995 when attempting to obtain the same Internet domain address. D also uses the telephone number '1-800-US-INSET' P did not authorize D's use of its trademark, 'INSET', in any capacity. On June 30, 1995, P filed this action. D moved under 12(b)(2), (3) to dismiss Inset's (P) claims.