Court to Rehear Key Website Jurisdiction Case

SAN FRANCISCO – An appeals court, deciding to toss a previous ruling, will rehear a case that spelled out where website operators can be sued.

The 9th U.S. Circuit Court of Appeals decided Thursday to rehear the case of Gator.com Corp. vs. L.L. Bean, No. 02-15035, a decision that held that L.L. Bean’s Internet, catalog, and mail-order retail operations are sufficient to support jurisdiction in California, even though the company has no physical presence in the state.

The September 2003 ruling by three judges was thrown out without comment and will be reheard by the full panel.

The court held that L.L. Bean’s marketing and retail activities, combined with the “virtual store” found on its website, created a “consistent and substantial pattern of business relations” in California, sufficient to confer personal jurisdiction over the Maine-based company.

Gator.com, an advertising company whose program monitors Internet users’ web surfing and displays pop-up windows when users visit certain websites, sued L.L. Bean, saying its pop-up windows did not infringe or dilute L.L. Bean’s trademark rights.

When users visited L.L. Bean’s website, Gator’s program displayed a pop-up. L.L. Bean sent Gator a cease-and-desist letter in March 2001 demanding that Gator stop its program from displaying pop-up windows on L.L. Bean’s website offering coupons for Eddie Bauer, an L.L. Bean competitor.

Gator, which is now Claria Corp. of Redwood City, Calif., sued for declaratory judgment that its pop-up windows did not infringe L.L. Bean’s trademark rights.

The U.S. District Court granted L.L. Bean’s motion to dismiss for lack of jurisdiction.

The 9th Circuit reversed the decision in its September ruling that found that L.L. Bean had “substantial… [or] continuous and systematic” contacts with California by virtue of its “mak[ing] sales, solicit[ing] business in the state, and serv[ing] the state’s markets” through its Internet and catalog businesses.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

Show More