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Pangaea, Inc v. the Flying Burrito LLC; Robert Moore

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Submitted: March 15, 2011

Before LOKEN and COLLOTON, Circuit Judges, and NELSON,*fn1 District Judge.

The issue in this diversity action is whether a federal court in Arkansas has personal jurisdiction over an Iowa citizen and an Iowa limited liability company where the contact with Arkansas was a single meeting by the parties in Arkansas. Appellant Pangaea, Inc. (Plaintiff), the owner of the federal trademark “The Flying Burrito Company,” appeals the district court’s*fn2 dismissal of its trademark infringement action for lack of personal jurisdiction.*fn3 Plaintiff argues that the district court had jurisdiction over The Flying Burrito L.L.C. (“Flying Burrito”) and Robert Moore (Defendants) because Moore and another business representative had traveled from Iowa, where their restaurant was located, to Arkansas on one occasion, in 2004, for the express purpose of obtaining permission from Plaintiff to use its trademark. Although acknowledging this only contact, Plaintiff also asserts that the district court erred in denying Plaintiff’s request to conduct jurisdictional discovery. The district court dismissed the action for lack of personal jurisdiction, concluding that the contact with Arkansas was insufficient to permit the exercise of personal jurisdiction consistent with the Due Process Clause. We affirm.

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