Bensusan Restaurant Corporation v. King

126 F.3d 25 (2nd Cir. 1997)

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Nature of the Case

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Facts

King (D) operated a club under the name of Blue Note at 17 North Ninth Street in Columbia Missouri. Bensusan (P) operated an enormously successful jazz club in New York City called the Blue Note which was registered as a federal trademark for cabaret services. In 1993, P wrote to D demanding that D cease and desist from calling his club the Blue Note. D responded with a note informing P that it had no legal right to make such a demand. D heard nothing back again until it created a website in 1996 and then P sued D under the Lanham Act and Federal Trade Mark Dilution Act as well as under common law unfair competition. P sought an injunction against D's use of the name Blue Note. The district court dismissed the complaint. P appealed.