Shanghai Tencent Penguin Film Culture Media Co., Ltd. v. Olevod (Jiayi Network Technology SL)
Tencent sued a Spanish streaming operator for copyright and trademark infringement based on pirated Chinese-language content on OLEVOD.COM and OLEVOD.TV. Rejecting the magistrate judge's R&R, the district court held that Florida's long-arm 'tortious act' provision, section 48.193(1)(a)2., is satisfied where an infringing website is merely accessible in Florida, and that due process was satisfied because the defendant sold ad space visible to Florida consumers and paid subscriptions to Florida residents.
Key facts
- Tencent, a Chinese media company, sued Olevod, a Spanish streaming operator, alleging copyright and trademark infringement based on pirated Chinese-language content available on defendant's websites OLEVOD.COM and OLEVOD.TV.
- The magistrate judge issued a recommendation to dismiss for lack of personal jurisdiction, but the district court rejected that recommendation and found jurisdiction existed.
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Why it matters
The opinion stakes out a broad reading of Florida's 'tortious act' long-arm provision for online infringement — mere accessibility of an infringing website in Florida suffices at step one — and expressly disagrees with… — full analysis with a trial
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