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Surface Supplied Inc. v. Kirby Morgan Dive Systems, Inc.
United States District Court for the Northern District of California
2013 WL 2355446 (N.D. Cal.)
Surface Supplied Inc. (Surface) (plaintiff) manufactured digital gas analyzer and depth gauge products. Its products were engraved with an image of a helmet. Surface operated a website, but did not sell its products on the website. Surface advertised its products on Facebook, Twitter, and in national magazines. Kirby Morgan Dive Systems, Inc. (Kirby) (defendant) sent Surface a cease and desist letter, claiming that the helmet image infringed on Kirby’s federal trademarks. In response, Surface brought suit in the United States District Court for the Northern District of California (Northern District), seeking a declaratory judgment that its use of the image was non-infringing. Subsequently, Kirby filed a trademark infringement suit in the United States District Court for the Central District of California (Central District). Kirby’s facilities and most of its employees were in the Central District. Surface was a California corporation, and its principal place of business was in the Northern District. Surface’s employees resided in the Northern District. Kirby filed a motion to dismiss Surface’s Northern District suit with the Northern District.
Rule of Law
Holding and Reasoning (Chesney, J.)
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