Trademark Internet case ruling

[Jeff Williams <jwkckid1@ix.netcom.com>]

All,

  Here is an intresting ruling just a couple of days ago
reguarding Trademark law and the internet.  (See New York Times)
for further information.

  To me this is another of a series of rulings that have a 
siginificant influence on where Trademark law and internet
and Doamain policy are headed.  


CORT FAVORS MISSOURI CLUB IN RULING ON INTERNET CASE. 

Sept 21, 1997 New York Times

New York - In a closely watched case on the jurisdictional 
           issues in cyberspace,the Second Circuit Court of
           Appeals has ruled that and out-of -state business
           that establishes a World Wide Web site outside of
           the state of New York State cannot be forced to
           defend and action in New York on the basis of its
           presence on the Internet.

             The Plaintiff, Bensusan Restaurant Corp., owner
           owner of the Blue note Jazz club on west Third street
           on Manhattan, sued Richard B. King, owner of the 
           Blue Note Nightclub in Columbia Mo., after King
           posted a Web site promoting his club

            The Blue Note in New York holds the trademark
           to the name.  Bensusan argued that the accessibility
           or the Missouri Blue Note's Internet site in New York
           was sufficient to bring the club within the reach
           of New York courts.

             A U.S. District COurt in Manhatten dismissed the case
           in September of 1996 for lack of jurisdiction.  The 
           circuit court affirmed that ruling this month.

             In an opinion by Senior Judge Ellisworth A. Van
           Graafeiland, the appeals court noted the swiftly
           changing nature of cyberspace , comparing the task
           of applying "established Trademark law in the
           fast developing world of internet" to " trying
           to board a a moving bus."

Regards,
-- 
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java Development Eng.
Information Eng. Group. IEG. INC. 
Phone :913-294-2375 (v-office)
E-Mail jwkckid1@ix.netcom.com