Patent and trademark – William & Mary’s trademark suit is dismissed

Where the College of William and Mary sued a company for trademark infringement and related claims, but there was no general or specific jurisdiction over the out-of-state defendant, the suit was dismissed.

Background

The College of William and Mary sued W M Symposia, Inc., alleging trademark infringement, unfair competition, false designation of origin and trademark dilution in violation of the Lanham Act and common law unfair competition and false designation of origin. William and Mary additionally brought a claim for cancelation of Symposia’s trademark registration. Symposia filed the instant motion to dismiss, alleging it is not subject to personal jurisdiction in this court.

General jurisdiction

As an initial matter, there is no general jurisdiction over Symposia because it does not have such continuous and systematic contacts with Virginia as to render it essentially at home.

A corporate defendant is at home in its state(s) of incorporation and principal place of business, and in another forum only under “exceptional” circumstances. Arizona is Symposia’s state of incorporation and place of business. And because Symposia does not have offices, employees, property or ongoing business in Virginia, the plaintiffs undoubtedly cannot demonstrate the existence of “exceptional” circumstances.

Specific jurisdiction

Construing all relevant pleading allegations in the light most favorable to William and Mary, Symposia’s contacts with Virginia
are too random and attenuated to justify the exercise of personal jurisdiction. With respect to internet-based activities, there is no indication that Symposia has “direct[ed] electronic activity into [Virginia] . . . with the manifested intent” of targeting Virginia
residents.

Symposia’s website is widely accessible to users in any jurisdiction. And although the website has interactive features, such interaction does not begin with Symposia;
rather, users interested in scholarships, business sponsorships, conference registrations and exhibit spaces initiate contact with Symposia.

And that some board members, council members, scholarship recipients, business sponsors and an accrediting organization happen to reside and/or work in Virginia entails merely fortuitous contacts with the forum—not purposeful availment. Symposia could not “reasonably anticipate being haled into court” in Virginia based on these facts.

Defendant’s motion to dismiss granted.

The College of William & Mary in Virginia v. W M Symposia Inc., Case No. 4:25-cv-00094, Feb. 26, 2026. EDVA at Newport News (Walker). VLW 026-3-092. 8 pp.

Full-Text Opinion

VLW 026-3-092
Virginia Lawyers Weekly