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 © 2025 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 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

Pineapple Support Names Natalie Pereira Executive Assistant

Pineapple Support has appointed Natalie Pereira as its new executive assistant.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Show More