Law, Business, and Society 9th Edition by Tony McAdams

Exercise 10

Bensusan Restaurant Corporation owns the famous New York City jazz club "The Blue Note," and in 1985 it registered the name as a federal trademark. Since 1980, King has operated a small club in Columbia, Missouri, also named "The Blue Note."Around 1993, Bensusan wrote to King demanding that he discontinue use of "The Blue Note" name. King's attorney responded by saying that Bensusan had no legal right to make the demand. In 1996 King created, in Missouri, a Web site for "The Blue Note," which also contained a hyperlink to the New York club's Web site. Bensusan then sued in the Southern District of New York, alleging Lanham Act and trademark violations, among other things. The New York court dismissed the case for lack of personal jurisdiction. Bensusan appealed. Decide. Explain. See Bensusan Restaurant Corp. v. King, 126 F.3d 25 (2d Cir. 1997).