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Bensusan Restaurant Corp. v. King | 126 F.3d 25 (1997)
Can someone be sued and forced to appear in a court in a state that that person’s never been in before? The Second Circuit considered that question in Bensusan Restaurant Corporation versus King.
Bensusan, a New York corporation, owns The Blue Note, one of New York City’s most famous jazz clubs. It’s hosted famous musicians such as Dizzy Gillespie, Sarah Vaughn, and Ray Charles. Bensusan trademarked the name in 1985.
Richard King, a Missouri resident, owned a cabaret theatre in Columbia, Missouri, also called The Blue Note. King’s establishment featured live music and other entertainment. Columbia is also home to the University of Missouri, some of whose students visited King’s Blue Note. King did no business in New York City.
In 1993, Bensusan wrote to King, demanding he cease and desist calling his theatre The Blue Note. King responded that Bensusan had no grounds to make such a demand. The matter rested there until 1996, when King hired a Missouri web designer who created a website for his Columbia Blue Note. Bensusan then sued King in the United States District Court for the Southern District of New York, alleging violation of Bensusan’s trademark.
The district court ruled that it didn’t have personal jurisdiction over King and dismissed Bensusan’s complaint. Bensusan appealed to the Second Circuit.
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