Logourl black

Bensusan Restaurant Corp. v. King

United States Court of Appeals for the Second Circuit
126 F.3d 25 (1997)


Facts

Bensusan Restaurant Corporation (“Bensusan”) (plaintiff) was the owner of the famous “Blue Note” jazz club in New York City. Richard B. King (defendant) owned a small cabaret in the college town of Columbia, Missouri, also named “The Blue Note.” In 1993, Bensusan contacted King, ordering him to cease and desist using the name “The Blue Note,” owing to a trademark of the name. King’s attorney resisted and the matter was not raised again until King created a website for his company in 1996. On the website, he referenced the New York club and was eventually sued in the United States District Court for the Southern District of New York by Bensusan, who sought trebled compensatory damages and punitive damages as well as attorney fees. The district court dismissed the complaint. Bensusan appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Van Graafeiland, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.