The Ninth Circuit determined that Cybersell FL only passively advertised on the internet using the name “Cybersell” and did not deliberately direct merchandising efforts toward Arizona residents. The court found that Cybersell FL did nothing to encourage people in Arizona to access its site, no Arizona residents signed up for Cybersell FL's web construction services, and that there were no sales, no telephone calls, no income, no message, and no "hits" from Arizonans (other than by Cybersell AZ). Moreover, Cybersell FL did not have an “800” number.Cybersell AZ argued that the court should follow the District of Connecticut's ruling in Inset Systems, Inc. v. Instruction Set, Inc., 937 F. Supp. 161 (D. Conn. 1996), where a relatively passive website combined with a "1-800" number using the contested mark was sufficient to establish personal jurisdiction. The Ninth Circuit found that Cybersell FL's lack of a 1-800 number using the contested mark to distinguish the facts in Cybersell from those in Inset. Cybersell, 130 F.3d at 419. In sum, Cybersell FL had done no act and consummated no transaction, nor had it performed any act by which it purposefully availed itself of the privilege of conducting activities, in Arizona, thereby invoking the benefits and protections of Arizona law. Cybersell FL lacked sufficient minimum contacts with Arizona for personal jurisdiction. Accordingly, its motion to dismiss for lack of personal jurisdiction was properly granted.
