Airhawk International LLC v. Air Seat Innovations LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA AIRHAWK INTERNATIONAL, LLC, Case No.: 3:23-cv-1068-AGS-BLM

ORDER GRANTING IN PART Plaintiff,

MOTION TO DISMISS (ECF 8)

5 v. 6 AIR SEAT INNOVATIONS LLC, et al., 7 Defendants.

Plaintiff alleges that defendants infringed on its registered trademarks and patents. Defendants’ motion to dismiss those claims fails, except in two respects. First, the patent-infringement claim must be dismissed for improper venue. Second, the claims against the individual defendant owner go awry for lack of personal jurisdiction and failure to state a claim. BACKGROUND Plaintiff Airhawk International, LLC, is a California-based company that holds numerous patents and trademarks for its inflatable seat cushions. (ECF 1.) Airhawk alleges the defendants, Air Seat Innovations LLC and its owner James Smith III, adopted a similar trademark with the “intent to mislead and deceive consumers.” (ECF 1, at 13.) Airhawk also contends that all defendants infringed or…