STX, Inc. v. Trik Stik, Inc.

ORDER

I. INTRODUCTION

Three motions are formally before this court. First, defendant moves to transfer the venue of this action to the Southern District of Florida. The remaining two concern the substantive merits of plaintiffs claims: plaintiffs motion for a preliminary injunction and defendant’s motion for dismissal due to failure to state a claim.

II. BACKGROUND

This action concerns kneepads used by skateboarders. The plaintiff contends that defendant appropriated the appearance of its product. It seeks injunctive relief and damages for defendant’s alleged violation of § 43(a) of the Lanham Act, unfair competition, and trademark dilution.

A. The Parties

The plaintiff, STX, Inc. (“STX”), is a California corporation with its principle place of business in Santa Rosa, California. For the past nine years, it has manufactured the leading skateboard kneepad, the “Protector.” The “Protector” has been promoted and sold under the trademark Rector, the most prominent line of skateboard products. A separate entity not party to this action has granted plaintiff exclusive license to use the trademark Rector on STX’s kneepads.

The defendant, Trix Stik, Inc. (“Trik Stik”), is a Florida…