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Cecil McBee Discovers He Is a Chain

The Cecil McBee clothing chain has become the vanguard of a current Japanese fashion craze called "erogance" -- a melding of "erotic" and "elegant" styles. An American jazz musician says the stores have cost him bookings and damaged his career.

Unfortunately, the article is only online for subscribers.

In summary, the article is about having his name appropriated by some Japanese fashion stores.

I saw the same article (virtually) somewhere else not too long ago.

Posted

Cecil McBee – site plus three forum sales = specific jurisdiction

Cecil McBee, plaintiff, is a jazz musician who lives in Maine and has played in Japan. Defendant is a Japanese company. Jazz is popular in Japan, so popular, apparently, that defendant is able to maintain retail shops throughout Japan called “Cecil McBee” that sell a line of women’s clothing called “Cecil McBee.” Defendant operates a website at http://www.cecilmcbee.net that enables “the exchange of information although not accepting orders directly, and enabl[es] the viewer to purchase products from any one of many stores listed on the site.” Although the site’s homepage contains the English phrase “Cecil McBee” in emphatic lettering, the site’s content is written primarily in Japanese. Defendant has (somehow) made three sales to Maine residents and shipped the goods sold to Maine.

Magistrate Judge Cohen held these contacts sufficient to exercise specific jurisdiction under the Constitution. In doing so, he applied the “sliding scale” test, found that defendant’s website was neither active nor interactive, and opined that courts usually apply the sliding scale test to determine whether general jurisdiction exists. Judge Cohen also cited a 1997 case, DEC v. Alta Vista for the proposition that “when a website that itself used the trademark in dispute would plainly attract residents of the forum state and the owner of the website knows that the plaintiff is located in that state, the purposeful availment prong of the test is met.”

Posted

Cecil McBee Discovers He Is a Chain

The Cecil McBee clothing chain has become the vanguard of a current Japanese fashion craze called "erogance" -- a melding of "erotic" and "elegant" styles. An American jazz musician says the stores have cost him bookings and damaged his career.

Unfortunately, the article is only online for subscribers.

In summary, the article is about having his name appropriated by some Japanese fashion stores.

I saw the same article (virtually) somewhere else not too long ago.

There was an article a few months ago in DB, I believe!

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