Case: Bensusan Restaurant Corp. V King, 126 F.3d 25 (2nd Cir. 1997)
Parties: Bensusan Restaurant Corporation, Plaintiff/ Appellants Richard B. King, (individually and in his capacity as business owner of The Blue Note jazz club), Defendant/ Appellee
Facts: Appellant owned a successful jazz club named “The Blue Note” located in New York City and the appellee operated a small jazz nightclub in Missouri also named “The Blue Note”, for which he established a website to promote events happening at his club. King’s website provided a phone number for interested persons to call and order tickets to a show. Those tickets had to be picked up in person at the club’s box office in Missouri.
Procedural History: Appellant brought suit in the Southern District of New York, asserting claims of trademark infringement, trademark dilution and unfair competition. The appellee moved to dismiss the action for lack of personal jurisdiction. The appellant asserted that New York had personal jurisdiction over the appellee based his main argument that stated because King's website was accessible in New York, King could have foreseen that it would be viewed in New York, and should have restricted its access to users located in Missouri only. The District Court dismissed the appellant’s complaint against King based lack of personal …show more content…
The Court found that the district court's finding that King was not subject to personal jurisdiction in New York based on the use of his Internet web site. Without resorting to a due process analysis, the court determined that Bensusan had failed to allege that King had committed a tortious act in New York; an act which is required to exercise personal jurisdiction over a non-resident defendant. The court stated that King was neither present in the state when the allegedly tortious act (posting of the allegedly infringing trademark) occurred, nor did King reasonably expect that posting his web site would have consequences in New
Parties: Bensusan Restaurant Corporation, Plaintiff/ Appellants Richard B. King, (individually and in his capacity as business owner of The Blue Note jazz club), Defendant/ Appellee
Facts: Appellant owned a successful jazz club named “The Blue Note” located in New York City and the appellee operated a small jazz nightclub in Missouri also named “The Blue Note”, for which he established a website to promote events happening at his club. King’s website provided a phone number for interested persons to call and order tickets to a show. Those tickets had to be picked up in person at the club’s box office in Missouri.
Procedural History: Appellant brought suit in the Southern District of New York, asserting claims of trademark infringement, trademark dilution and unfair competition. The appellee moved to dismiss the action for lack of personal jurisdiction. The appellant asserted that New York had personal jurisdiction over the appellee based his main argument that stated because King's website was accessible in New York, King could have foreseen that it would be viewed in New York, and should have restricted its access to users located in Missouri only. The District Court dismissed the appellant’s complaint against King based lack of personal …show more content…
The Court found that the district court's finding that King was not subject to personal jurisdiction in New York based on the use of his Internet web site. Without resorting to a due process analysis, the court determined that Bensusan had failed to allege that King had committed a tortious act in New York; an act which is required to exercise personal jurisdiction over a non-resident defendant. The court stated that King was neither present in the state when the allegedly tortious act (posting of the allegedly infringing trademark) occurred, nor did King reasonably expect that posting his web site would have consequences in New