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

AEBN Reveals Avery Lust as Top Trans Star for Q3 of 2025

AEBN has published its top trans stars list for the third quarter of 2025, with Avery Lust landing atop the leaderboard.

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Reena Sky Launches New Paysite

Reena Sky has launched her new official paysite, ILoveReenaSky.com.

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2025.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

Show More