Bensusan Restaurant Vs King Case Study

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Case Citation: Bensusan Restaurant Corp. v. King, 126 F.3d 25 (CA2 1997). Parties: Bensusan Restaurant Corp., Plaintiff / Appellant Richard B. King, Defendant / Appellee Facts: The plaintiff, Bensusan, the owner of a New York jazz club called “The Blue Note”, brought suit against King for trademark infringement. Bensusan owned all trademark rights to the name “The Blue Note” and the name mark was federally registered. King had been doing business in another club located in Missouri under the same name. King also had a website called “The Blue Note” which contained advertisements for a cabaret, ticket sales, and included a disclaimer telling customers not to get the Missouri club confused with the New York club of the same name. Procedural History: Bensusan brought suit against King in the United States District Court for the Southern …show more content…

Holding: No. New York does not have personal jurisdiction over King, making him ineligible to be charged under New York’s long-arm statute. Reasoning: On Appeal, the court affirmed the trial court’s decision. The Court of Appeals held that the long-arm statute in New York had no bearing on King and that there that King was not subject to the state of New York’s personal jurisdiction. The court held that King did not commit a tortious act within New York, did not cause injury to Bensusan within New York, and King did not reasonably expect his club to have consequences in New York and/or derive substantial revenue from interstate or international commerce.1 In addition, King committed no tort while present in New York state. Decision: Affirmed. The dismissal was affirmed due to the fact the defendant was not physically present in New York state when the defendant allegedly committed the torts, therefore the defendant was not subject to the personal jurisdiction under the long-arm statute of New

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