Bensusan Restaurant Corp. v. King
United States Court of Appeals for the Second Circuit
126 F.3d 25 (1997)
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
Holding and Reasoning (Van Graafeiland, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 159,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.