Bensusan Restaurant Corp. v. King,[1] 126 F.3d 25, is a 1997 United States Court of Appeals for the Second Circuit case that helped define the parameters of personal jurisdiction in the Internet context, specifically for passive websites that only advertise local services.

The District Court's decision also likened creating a website to merely placing a product into the stream of commerce, and held that such an act was insufficient to satisfy due process and personal jurisdiction requirements.

[2] Bensusan owned all trademark rights, title and interest in the federally registered "The Blue Note" mark.

The CyberSpot is created to provide information for Columbia, Missouri area individuals only, any other assumptions are purely coincidental".

[2] King moved to dismiss the action for lack of personal jurisdiction pursuant to Federal Rules of Civil Procedure 12(b)(6).

§§ 302(a)(2), (a)(3)(ii) authorized personal jurisdiction over King, such an act would violate the Due Process Clause of the US Constitution.

Due process requires a non-resident defendant to purposefully establish minimum contact with the state claiming jurisdiction, such that the suit does not offend "traditional notions of fair play and substantial justice.

The Court of Appeals explicitly declined to address the due process issue, because the long-arm statute did not confer personal jurisdiction.