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This section contains the nature of the case and procedural background.

P was a music business incorporated and operating out of Oregon. D was a South Carolina corporation and operated music stores in that state, and had a retail website. D's purchased a small amount of product from Allegro, a distributor located in Oregon; this was 1/2 of 1% of D's business. In August of 1998, Linda Lufkin purchased a compact disc from Ds through their website. P then filed a Lanham action against D. D moved to dismiss.

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