Bensusan Restaurant Corp. v. King

Bensusan Restaurant Corp. v. King
Court	United States Court of Appeals for the Second Circuit
Full case name	Bensusan Restaurant Corporation v. Richard B. King, individually and doing business as The Blue Note
Argued	April 9, 1997
Decided	Sept. 10, 1997
Citation(s)	126 F.3d 25
Case history
Prior history	Bensusan Restaurant Corp. v. King, 937 F. Supp. 295 (S.D.N.Y. 1996)
Holding
In favor of defendant Richard B. King
Court membership
Judge(s) sitting	Ellsworth Van Graafeiland, John M. Walker, Jr., Pierre N. Leval

Bensusan Restaurant Corp. v. King,^[1] 126 F.3d 25, is a 1997 United States Court of Appeals for the Second Circuit case that helped define the parameters of personal jurisdiction in the Internet context, specifically for passive websites that only advertise local services. The opinion, written by Judge Ellsworth Van Graafeiland, affirmed the United States District Court for the Southern District of New York's holding that defendant Richard B. King's Internet website did not satisfy New York's long-arm statute requirements for plaintiff Bensusan Restaurant Corporation to bring a trademark infringement suit in New York. The District Court's decision also likened creating a website to merely placing a product into the stream of commerce, and held that such an act was insufficient to satisfy due process and personal jurisdiction requirements.^[2]