Facts
P is a well-known golf course and resort located in Monterey County, California. P has used 'Pebble Beach' as its trade name for 50 years. P contends that the trade name has acquired secondary meaning in the United States and the United Kingdom. P operates a website located at www.pebblebeach.com . D, a dual citizen of the United States and the United Kingdom occupies and runs a three-room bed and breakfast, restaurant, and bar located in southern England. The name of D's operation is 'Pebble Beach.' D advertises his services, which do not include a golf course, at his website, www.pebblebeach-uk.com . D's website includes general information about the accommodations he provides, including lodging rates in pounds sterling, a menu, and a wine list. The website is not interactive. The website does not have a reservation system, nor does it allow potential guests to book rooms or pay for services online. For a brief time, D worked at a restaurant in Carmel, California, but for the most part, his domicile has been in the United Kingdom. P sued D under the Lanham Act and the California Business and Professions Code for intentional infringement and dilution of its 'Pebble Beach' mark. D moved to dismiss the complaint for lack of personal jurisdiction and insufficiency of service of process. D's motion was granted. P appealed to the Ninth Circuit.
Support@ bsmsphd.com
Casebriefs Co