Bensusan Restaurant Corp. v. King | |
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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 | 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 | |
Judges 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]
Bensusan1
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