Surface Supplied Inc. v. Kirby Morgan Dive Systems, Inc.,

2013 U.S. Dist. LEXIS 75519 (2013)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P is a California corporation whose principal place of business is the Northern District of California, and whose three employees reside in said district. P 'is engaged in the business of research, design, development and manufacture of digital gas analyzer and depth gauge products . . . for the commercial diving industry.' P maintains a website 'on which it describes the external specifications of its products,' but through which it does not 'sell or offer [them] for sale.' D, a corporation that sells commercial diving helmets and surface gas controllers and analyzers sent P a cease and desist letter, by which D accused P of infringing its trademarks by 'using images and representations of Kirby Morgan's helmets on its website, Facebook page, t-shirts, Twitter and on the panels of P's gas analyzer equipment' and demanded that P cease its use of the infringing images. P sought a declaration of non-infringement of D's federally registered trademarks. D filed an action in the Central District, alleging, inter alia, federal trademark infringement claims against P.