Lumiere v. Mae Edna Wilder, Inc.

Background

A person living in New York City sued a New York corporation that did business in a different federal district, claiming the company infringed his copyright by publishing in the city. The company had its office in Rochester and no regular business in the city where the suit was filed. The only service of process was handing a copy of the subpoena to the company’s president while he was temporarily in New York City. The company asked the court to cancel that service, saying it was not subject to suit in that district, and the lower court agreed.

Reasoning

The Court considered whether handing papers to a corporate president who happens to be in a district makes the company “found” or served there under the Copyright Act. The Justices said a president’s office alone does not make him the company’s agent for venue purposes in every place he travels. The Court relied on the statute’s text and prior cases to conclude that temporary presence of an officer, without the company doing business in the district, is not enough to establish the right to sue the company there. The Court affirmed the lower court’s decision.

Real world impact

The decision prevents plaintiffs from choosing any federal district simply because a company officer is briefly present there. Copyright suits generally must be brought where the company lives, is found, or regularly does business. The Court also left open whether an agent who is actually conducting company business while present would be enough to allow suit.