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Forward Into The Past: Bensusan v King – 2d Cir 1997 – BlueNote.com and Personal Jurisdiction

By Marty Schwimmer on January 20, 2022

Forward into the past – reconnoitering the golden oldies of Internet law:

From the Wikipedia entry on Bensusan v King:

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

Link to 2d Circuit decision in Bensusan v King

  • Posted in:
    Intellectual Property, Trademark
  • Blog:
    The Trademark Blog
  • Organization:
    Martin Schwimmer
  • Article: View Original Source

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