Case BriefCiv Pro, personal jurisdiction, long arm statutes3/7/15Identity of CaseBensusan Restaurant Corp. v. King, 126 F.3d 25 (2d Cir. 1997), page 312Summary of Facts/Procedural HistoryDefendant owns a club in Columbia, Missouri called the Blue Note. Blue Note NY calls him and tells themthey have to change the name for copyright infringement. Nothing happens. Blue note Columbia creates a website using web developers in Missouri, and add a disclaimer that this is not Blue Note New York (but that’s a fine place and if you are in New York you should check it out). Blue Note NY sues for copyright infringement in NY. NY’s long arm statute: establishes personal jurisdiction over non-residents when they commit a tort within a state. Statement of the IssueDoes NY’s long arm statute create personal jurisdiction over the defendant? HoldingNo, under a Jackson analysis, the tort was not committed in the state. ReasoningThere is internet access in the state of NY, but that is not the test under Jackson. In order to qualify it must be directed at the state, accessed by a large number of people in the state, etc. This was not the case, the website was mostly accessed by Missouri residents. Since the claim does not arise out of contact with the state and did not occur in the state, NY’s long arm statute does not cover this type of crime. Blue Note NY can sue Blue Note MO in MO, but they will have to go there.
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