Logourl black
From our private database of 14,200+ case briefs...

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.)


Facts

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

Issue

Holding and Reasoning (Chesney, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 240,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.