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

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research firm SWR Data has published a report on clip platform performance and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

Show More