Friday, December 6, 2013

Bensusan Restaurant Corp. v. King case brief

Bensusan Restaurant Corp. v. King case brief summary
126 F.3d 25 (1997)

Plaintiff appealed a judgment from the United States District Court for the Southern District of New York, which dismissed its complaint for lack of personal jurisdiction over defendant, a Missouri resident, pursuant to Fed. R. Civ. P. 12(b)(2), in action for trademark dilution and violations of the Lanham Act.

The plaintiff, creator of a New York jazz club, complained defendant had violated §§ 32(1) and 43(a) of the Lanham Act, 15 U.S.C.S. § 1114(1) and 1125(a), and § 3(c) of the Federal Trademark Dilution Act, 15 U.S.C.S. § 1125(c), when he posted Internet advertisements for his Missouri cabaret. Both the jazz club and the cabaret bore the same name. The district court dismissed for lack of personal jurisdiction over defendant.


  • On appeal, the court affirmed, finding that New York's long-arm statute, N.Y. C.P.L.R. 302(a)(3), did not permit defendant to be brought before a court sitting in New York because defendant had not been physically present in New York when he committed his allegedly tortious acts.

The court affirmed the dismissal for lack of personal jurisdiction because plaintiff failed to allege that defendant committed a tortious act in New York as required for the exercise of personal jurisdiction under New York's long-arm statute.

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