U.S. Jurisdiction Exists for U.S. Trademark Claim Where Foreign Violations Had Effect in U.S. Commerce

The World in U.S. Courts: Fall 2013 - Intellectual Property (IP)

In re Airwair Int’l Ltd. v. Vans, Inc., 2013 U.S. Dist. LEXIS 100120 (N.D. Calif. July 17, 2013)

Plaintiff Airwair sells shoes and boots under the Dr. Marten’s label. At issue in this case was certain U.S.-registered trade dress for the “look” of a line of footwear. Airwair alleged that Vans was infringing and diluting its trade dress by allowing its licensee to distribute an allegedly infringing line of shoes in a variety of stores in East Asia, Airwair owned no trademark rights. Airwair asserted claims for trademark infringement, false designation of origin, trademark dilution and pursuant to various California statutory and common law.

Vans moved to dismiss for failure to state a claim. The court first considered whether the RETURN TO Fall 2013 Edition

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