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Question
Mountain Stuff is a Colorado corporation selling mountain-climbing equipment. It maintains a website that provides information about its products as well as general information about mountain climbing. A consumer cannot purchase equipment directly from the site but can request order forms to purchase equipment directly from Mountain Stuff. Mountain Stuff maintains no offices outside Colorado, and no products are sold by retailers outside Colorado. After an accident involving climbers using the equipment of a competitor, Utah Mountain Sports, Mountain Stuff prints an article on the general-information portion of its website that accuses Utah Mountain Sports of intentionally manufacturing and selling defective and substandard equipment. There is no direct proof referenced in the article and in fact the article is incorrect. Nevertheless, other articles are written referencing the Mountain Stuff statements, and Utah Mountain Sports has seen an otherwise unexplained 10 percent decline in its typically $1 million-a-month sales in each of the three months since the Mountain Stuff article was published. If Utah Mountain Sports sues in federal court in Utah, will the court be able to find personal and subject matter jurisdiction under these circumstances?
Answer
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