Jurisdiction is the power of a court to inquire into facts, apply the law, make decisions, and declare a judgment. This power is typically determined by the locale of the events leading to a lawsuit, but may also be determined based on other factors, with primary attention always paid to fairness to the party being haled to court. One of the first defenses a trademark defendant may utilize is the lack of jurisdiction by the court demanding the defendant's attention. If defendant succeeds in a motion to dismiss based on lack of proper jurisdiction, the plaintiff can generally bring the same lawsuit to a different court and start all over.