Civil Procedure Keyed to Glannon
Bensusan Restaurant Corp. v. King
Bensusan Restaurant Corporation (Plaintiff), the owner of the “Blue Note” jazz club located in New York City, filed a complaint against Richard B. King (Defendant), a Missouri resident, who owned a small club since 1980 under the name “The Blue Note” in Columbia, Missouri. Around 1993, Plaintiff wrote to Defendant demanding that he cease and desist from operating under the name “The Blue Note” because Plaintiff trademarked the name in 1985. The matter did not come up again until 1996 when Defendant allowed another company to create a website or cyber spot on the Internet for his Missouri club, which was made in Missouri. The website referenced Plaintiff’s club. Plaintiff filed suit in the United States District Court for the Southern District of New York for trademark infringement and sought trebled compensatory damages, punitive damages, costs, and attorney’s fees. Plaintiff also sought that Defendant be enjoined from using the name “The Blue Note” on the website. After the district court dismissed the complaint for lack of personal jurisdiction, Plaintiff appealed to the United States Court of Appeals for the Second Circuit.
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